Morgan v. Davidson

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Plaintiff, cross-defendant and respondent David Morgan sued Daniel Pena and defendant, cross-complainant and appellant Claudia Davidson for battery. Davidson filed a cross-complaint against Morgan, alleging (1) assault, (2) battery, (3) conversion, and (4) invasion of privacy. Morgan and Davidson were next-door neighbors; Lynda Delgado was Morgan’s next-door neighbor on the other side of Morgan’s house. Delgado had seen Davidson’s dogs attempting to go under Morgan’s fence to enter Morgan’s property. Delgado had also seen Davidson’s dogs viciously bark at Morgan’s alpacas. One of Davidson’s dogs was a white, unneutered male pitbull, named Cotton. The other dog was a German Short Haired Pointer, named Coco. Coco and Cotton ran through a gate onto Morgan’s property. Delgado “heard really loud barking and just really scary sounding growling and barking” at the alpacas. Delgado then heard the alpacas’ stress cry. Morgan was able to capture Cotton while the dog was on his property; Davidson’s teenaged son pleaded with Morgan for Cotton back, but Morgan refused, vowing to hold the dog until animal control came to impound the dog. Morgan repeatedly told the Son, Pena, and Davidson to leave his property because they were trespassing. Pena opened the gate, and punched Morgan in the face. Morgan fell to the ground, on his knees. Morgan did not strike anyone. Pena and Davidson continued striking Morgan, approximately five to 10 times each. When Morgan was bent forward on the ground, Davidson kicked Morgan’s ribs, while Pena kicked Morgan’s head and upper torso. Morgan screamed. Davidson and Pena yelled profanities. The son remained on the other side of the gate, watching the beating. Davidson, Pena, and the son left with Cotton. Morgan laid on the ground moaning in pain. Within an hour, sheriff’s deputies arrived at Morgan’s house. A trial court found in favor of Morgan and awarded him $209,000. Davidson argued on appeal: (1) substantial evidence did not support a $100,000 punitive damages award; (2) the trial court erred by not permitting her to use a deposition transcript when attempting to impeach Morgan during cross-examination; and (3) the trial court erred by not applying the continuing violation doctrine to extend the statute of limitations for the invasion of privacy cause of action. Finding no reversible error, the Court of Appeal affirmed the judgment. View "Morgan v. Davidson" on Justia Law