Legal Motion Defense Strategy

Encounter the statement made by the defendant

Encounter this motion .MEMORANDUM IN SUPPORT OF MOTION I. INTRODUCTION. I. FACTUAL AND PROCEDURAL BACKGROUND III. STANDARD FOR GRANTING MOTION IV. ARGUMENT.......... F. Plaintiff's Negligence Claim Fails as a Matter of Law Machi * * Plaintiff's Claims for False Imprisonment, Unlawful Arrest, Assault, and Battery Are Also Barred by the Shopkeeper's Privilege Statute, HRS § *-* Plaintiff's IIED Claim Fails as a Matter of Law as
Target's Conduct was Not Outrageous. Plaintiff's Negligence Claim Fails as a Matter of Law
As it Relies on the Same Facts As Her False
Imprisonment Claim. V. CONCLUSION.. MEMORANDUM IN SUPPORT OF MOTION I. INTRODUCTION Defendant TARGET CORPORATION ("Target", by and through its attorneys, Yoshimoto Law Group, A Limited Liability Law Company, hereby files this Motion for Summary Judgment No. * Re: Plaintiff's Claims ("Motion"). A pre-filing conference under LR *.* is not required due to the inclusion of a pro se party in the current suit. As set forth below, all of Plaintiff MA ARLENE ORSINE BATO'S ("Plaintiff") claims fail or are barred as a matter of law. On June *, *, at the Target store located at * Lawehana Street, Honolulu, Hawaii * ("Salt Lake Target"), Plaintiff was stopped for shoplifting by Target Security ("Subject Incident"). Separate and Concise Statement of Facts in Support of MSJ * ("Facts") Incident"). Separate and Concise Statement of Facts in Support of MSJ * (Facts") *. Plaintiff has alleged that Target caused her unlawful arrest, false imprisonment, assault, battery, and intentional infliction of emotional distress. ECF * at *. She alleges that she was not shoplifting on that date and has never shoplifted from Target before. Exhibit "*", p. *. However, she has produced no evidence to support her claims, other than bare assertions contradicted by clear video evidence and her own testimony. Put simply, contrary to Plaintiff's testimony, Plaintiff was clearly shoplifting, and Target's employees acted within their rights to stop her. Plaintiff's claims for false imprisonment and unlawful arrest fail as a matter of law because Target was authorized to detain her under Hawai i Revised Statutes ("HRS") § *-* (*anyone in the act of committing a crime, may be arrested by any person present, without a warrant."). Plaintiff's claims for false imprisonment and unlawful arrest are further barred by probable cause and Shopkeeper's Privilege, HRS § *-*. Plaintiff's claims for Assault and Battery are similarly barred by the Shopkeeper's Privilege. PlaintifF's IIED claim fails as a matter of law as Target did not engage in any "outrageous" conduct. Plaintiff does not specifically allege negligence but mentions it in her Complaint. ECF * at *. As she does not allege any other conduct as negligent, any potential negligence claim relies entirely on the same facts as her false imprisonment claim, and thus fails as a matter of law. Based on the foregoing and for the reasons set forth more fully below, all Plaintiff's claims fail as a matter of law, and summary judgment should be granted in favor of Target as to all her claims. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff has previously been arrested for shoplifting at two different stores. Facts * On June *, *, Plaintiff was arrested at the Macys located at * Ala Moana Boulevard for shoplifting. Facts *. According to Honolulu Police Department Shoplifting Report *-*, Plaintiff was observed concealing a belt and sunglasses in a stroller and leaving without paying for them. Exhibit "*" at *-*. (*-*-*-*) September *, *, Plaintiff was arrested at the Walmart located at * Kuala Street, Pearl City for shoplifting. Facts *. According to Monolulu Police Department Incident Report *-*, Plaintiff was observed by a Walmart Asset Protection Associate switching tags on slime toys and leaving without paying for an "Emoji light up headband". Exhibit "*" at *. Plaintiff was found guilty of theft in the Fourth Degree and the ICA affirmed the judgment on appeal. Exhibits "*" "*". Despite this, Plaintiff denied shoplifting at Macys and Walmart. She testified that at Macy's, "the kids was putting stuff in the bag" and "I took the responsibility because my kids was little". ECF * at *:*-*:*. However, according to the police report, Plaintiff herself was directly observed concealing the items in her stroller. Exhibit "*" at *-*. With respect to the theft at Walmart, Plaintiff testified that she was "falsely accused", a Walmart employee switched the tags, and she "didn't have the receipt because they changed the policy during that time with arant have the receipt COVID." ECF * at *:*-*:*. This is contradicted by the statement of the Walmart Asset Protection Associate who observed Plaintiff price witching as well as by the fact that COVID restrictions were not enacted in *. Exhibit "*" at *. Plaintiff was reported for shoplifting twice on Target. Facts * & *. On May *, *, Plaintiff attempted to shoplift from the Salt Lake Target. Facts *. Plaintiff and an accomplice made multiple Softline selections at the Target store, discarding the selections after they were guest served by Target employees. Id. {*-*-*-*} few days later, on June *, *, Plaintiff stole a cop cam and two power banks from the Salt Lake Target, concealing the items in her person,bag and exiting the store without paying. Facts *. Prior to the Subject Incident, Kiptanui Jones ("Mr. Jones"), Protection/security specialist for the Salt Lake Target, reviewed the two internal Target reports detailing Plaintiff's shoplifting. Facts *. Thus, around noon on June *, *, when Mr. Jones observed Plaintiff entering the Salt Lake Target, he recognized her and knew that she had been reported on Target's internal system twice as a suspected shoplifter. Facts *. Mr. Jones immediately radioed his supervisor Ariana Gonsalves ("Ms. Gonsalves"). Id. Ms. Gonsalves commenced surveillance of Plaintiff and maintained constant surveillance of Plaintiff from *- * feet away. Facts *. She witnessed Plaintiff take clothing off the rack, conceal the items in a red reusable Target bag, and remove the tag from the bag. Facts *. 6_15... * / * nums=*... *% + ★ C New Chrome available : All Bookmarks 土号： the items in a red reusable Target bag, and remove the tag from the bag. Facts *. She then observed Plaintiff head to the registers. Facts *.| While Plaintiff purchased a greeting card and clothing item at the register, Ms. Gonsalves observed that Plaintiff did not attempt to pay for the concealed items. Facts *; Declaration of Ariana Gonsalves ("Gonsalves Dec.") *. Plaintiff was not given permission by any Target employees to leave the store without paying for merchandise. Gonsalves Dec. *. Ms. Gonsalves radioed Mr. Jones to get into position to stop Plaintiff. Id. Ms. Gonsalves followed Plaintiff as she exited the store and Ms. Gonsalves and Mr. Jones stopped Plaintiff outside the store. Facts *. Ms. Gonsalves identified herself as. Target Security, asking Plaintiff to walk back into the store to talk about the unpaid merchandise in her possession. Facts *. Plaintiff began to act hysterically, refused to return to the store, extricated herself from the motor scooter she was riding, and tried to run away. Facts *. Plaintiff's boyfriend, Brandon Akana arrived and told her she needed to cooperate. Gonsalves Dec. *. Plaintiff was escorted to the Security Office in Target. Facts *. While in the Security Office, Ms. Gonsalves calmly questioned Plaintiff. Id. Plaintiff continued to act hysterically as she was questioned. Id. Ms. Gonsalves read the trespass warning to Plaintiff verbatim and asked her to sign it, but Plaintiff refused to sign. Facts *. During questioning, Plaintiff suddenly got up and tried While in the Security Office, Ms. Gonsalves calmly questioned Plaintiff. Id. Plaintiff continued to act hysterically as she was questioned. Id. Ms. Gonsalves read the trespass warning to Plaintiff verbatim and asked her to sign it, but Plaintiff refused to sign. Facts *. During questioning, Plaintiff suddenly got up and tried to run away again. Id. Mr. Jones blocked Plaintiff's path, placing his body between her and the door. Facts *. Plaintiff started screaming. Declaration of Kiptanui Jones ("Jones Dec.") T5. When Plaintiff continued to try to run away, Mr. Jones and Ms. Gonzales held Plaintiff's wrists and biceps while placing her wrists behind her back as they were trained to do. Facts *. Plaintiff continued to scream, causing Mr. Akana to come into the Security Office again. Jones Dec. *. Mr. Akana told Plaintiff to calm down and cooperate, eventually physically leading her back to the bench she was seated at. Facts *. Throughout the interaction Ms. Gonsalves and Mr. Jones followed Target protocol and training they received for detaining a shoplifter. Facts *. At no point did Ms. Gonsalves or Mr. Jones hit, punch, kick, or otherwise strike Plaintiff. Facts *. The items recovered by Target Security were photographed and include the Target bag, a grey bra, and three other articles of clothing. Exhibit "*" Plaintiff's actions from around *:* p.m. through *:* p.m. were recorded through Target Surveillance video. Exhibits "*"-"*". The surveillance videos are consistent with the declared statements of Ms. Gonsalves and Mr. Jones. In items, and nad prougat mem permission from a Target employee to bring them into the store. Id. at p. *. Plaintiff claimed that when she exited the store Ms. Gonsalves had "yasked me off the wheelchairs cart", that she was hit, pulled, punched, and elbowed, and that she was "NOT RESISTING OR TRYING TO RUN AWAY." Id. at p. *. Plaintiff alleges that the two PO officers were "repeatedly throwing me against the wall" and "started to slam me into the wall multiple times." Id. at p *.