FULLERTON, CA — Defendant City of Los Angeles secured a complete defense verdict following a five-week jury trial in one of California’s most closely watched officer-involved shooting cases, defeating claims seeking more than $100 million in damages.
The lawsuit arose from the December 23, 2021 Burlington Coat Factory store incident in North Hollywood, an event that generated significant national media attention and intense public scrutiny. Plaintiffs, represented by nationally recognized trial counsel, alleged wrongful death, negligence, negligent infliction of emotional distress, and related claims against the City of Los Angeles.
The case stemmed from a violent attack inside the Burlington Coat Factory involving Daniel Elena-Lopez, who assaulted an innocent shopper with a heavy-duty bicycle lock while multiple 911 callers reported what they believed to be an active shooter situation. Responding LAPD officers, including Officer William Jones, Jr., entered the store under rapidly evolving circumstances and with information suggesting an ongoing deadly threat to the public.
Upon reaching the second floor of the store, Officer Jones encountered a severely injured victim suffering from extensive head trauma and significant blood loss. According to evidence presented during trial, Officer Jones observed Elena-Lopez nearby holding an object that he reasonably perceived to be a firearm based upon its appearance, the suspect’s conduct, and the information available to officers at the time.
Believing the suspect posed an imminent threat to the injured victim, responding officers, and members of the public, Officer Jones discharged his patrol rifle three times in an effort to stop what he perceived to be an ongoing deadly threat.
The object later proved to be a bicycle lock rather than a firearm. Tragically, during the incident, a round fired by Officer Jones ricocheted off the floor, pierced a wall and struck 14-year-old Valentina Orellana Peralta, who was sheltering inside a fitting room with her mother. She later succumbed to her injuries.
Throughout the litigation, the defense maintained that Officer Jones acted reasonably and in accordance with his training while responding to what he believed was an active shooter event. The defense further argued that an officer’s actions must be evaluated based upon the totality of the circumstances confronting the officer at the time force is used, rather than through the lens of 20/20 hindsight.
After five weeks of testimony and argument, the jury returned a complete defense verdict in favor of the City of Los Angeles, rejecting all claims asserted by Plaintiffs and delivering a decisive victory for the defense.
“This was one of the most challenging, high-profile, and consequential cases of my career,” said James Touchstone, Partner at Jones Mayer. “My thoughts and prayers are with the Peralta family for the tragic loss of their beautiful daughter during this incident,” said Mr. Touchstone.
The verdict represents a significant victory for the City of Los Angeles, and the defense team. It reinforces the longstanding legal principle that law enforcement officers must be judged based upon the facts and circumstances known to them at the time of an incident, rather than through hindsight after a critical event has unfolded. The outcome further recognizes the difficult decisions officers are often required to make when responding to rapidly evolving threats to public safety.
About the Attorneys
James Touchstone is a Partner at Jones Mayer and a recognized authority in public safety litigation, constitutional law, and law enforcement defense. He has successfully represented public agencies and law enforcement officers throughout California in complex and high-profile civil rights matters. His practice focuses on defending municipalities, public agencies, and law enforcement personnel in cases involving constitutional claims, use of force, and public safety operations.
Christian R. Bojorquez served as lead defense counsel on behalf of the City of Los Angeles. As a Supervising Deputy City Attorney specializing in police litigation and public safety matters, Mr. Bojorquez has extensive trial experience representing public agencies and law enforcement personnel in complex civil litigation matters.
Jones Mayer attorneys who made significant contributions to the defense of this case included Bruce Praet, Denise Rocawich, Richard Lucero, Angela Powell, Scott Davenport and Ryan Allein. This outstanding result would not have been possible without their invaluable support.
About Jones Mayer
Jones Mayer is a public sector law firm, headquartered in Fullerton, California, with a statewide reputation for excellence in representing cities, counties, and other public entities. Jones Mayer is known for its integrity, legal depth, and courtroom successes in matters involving civil rights, constitutional law, employment law, municipal law, and public safety. The firm regularly represents public agencies and their personnel in some of California’s most complex, high-stakes, and closely watched litigation matters. For more information, visit www.jones-mayer.com or contact the firm at (714) 446-1400.