Hernandez v. First Student, Inc.


Filed 6/11/19; Certified for Publication 7/9/19 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT KAREN HERNANDEZ et al., B281161 Plaintiffs and Appellants, (Los Angeles County Super. Ct. Nos. BC513802, v. BC514509) FIRST STUDENT, INC., et al., Defendants and Respondents. APPEAL from a judgment of the Superior Court of Los Angeles County, Ruth Ann Kwan, Judge. Affirmed. Carpenter, Zuckerman & Rowley, Nicholas Rowley; The Rowley Law Firm and Courtney Rowley for Plaintiff and Appellant Karen Hernandez. Shegerian & Associates, Carney Shegerian, Anthony Nguyen; Doumanian & Associates and Nancy P. Doumanian for Plaintiff and Appellant Sergio Saravia. Horvitz & Levy, Karen M. Bray, Scott P. Dixler; Wesierski & Zurek, Thomas G. Wianecki and David M. Ferrante for Defendants and Respondents. _________________________ This appeal arises from a wrongful death action brought by Karen Hernandez and Sergio Saravia (appellants), the parents of 13-year-old Jonathan Hernandez, after Jonathan was struck and killed by a school bus while riding his bicycle in Glendale. The school bus was owned by defendant and respondent First Student, Inc., and driven by defendant and respondent Barbara Calderon. The jury found Jonathan 80 percent liable for the accident, and awarded $250,000 in damages. Jonathan’s parents filed a lengthy and detailed motion for a new trial on the grounds of juror misconduct, erroneous evidentiary and instructional rulings and attorney misconduct. The trial court issued a 25- page ruling denying the motion. This appeal followed. Appellants make numerous claims of error in their voluminous opening brief, but they have forfeited almost all those claims. Appellants’ primary claim is that the trial court erred in denying their motion for a new trial. While it is the duty of the appellate court in reviewing the denial of a new trial motion to review the entire record, it is the appellants’ duty to make a cognizable argument on appeal as to why the trial court abused its discretion in denying the motion and to support their arguments with accurate and relevant record citations. Appellants have not done so. 2 Assuming for the sake of argument that appellants intended to raise the claims of error directly on appeal, we would find almost all those claims forfeited as well, for similar reasons. We consider only the following claims: (1) the trial court abused its discretion in admitting evidence in the damages phase of Hernandez’s use of crystal methamphetamine; (2) the trial court abused its discretion in permitting retired police officer Charles Smith to testify as an expert; (3) the trial court erred prejudicially in limiting appellants to showing 10 photographs of Jonathan to the jury; (4) the court erred in giving the jury special instructions on the lawful operation of a bicycle in Glendale; (5) defense counsel made a prejudicial personal attack on appellants’ trial counsel by referring to her as a card shark; (6) defense counsel violated the trial court’s in limine rulings precluding evidence about Hernandez’s immigration status and a witness’s cancer treatment; and (7) defense counsel ...

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