On Aug. 9, 2011, plaintiff Mina Samaan was driving on Imperial Highway, in Norwalk, when he was stopped by Los Angeles County Sheriff’s Department Deputy Marcelo Sepulveda for talking on his cell phone while driving, a violation of California Vehicle Code § 23123. Sepulveda prepared and presented a citation to Samaan for talking on his cell phone, but Samaan refused to sign the citation unless he was allowed to write that he was on a speaker phone. Ultimately, Samaan did not sign the citation and he was arrested for violating California Penal Code § 69, resisting an executive officer. He was later acquitted of any criminal charges by a jury. Samaan sued Sepulveda; Sepulveda’s supervisor, Sergeant Joseph Jakl; an LAPD recruit who became involved in the incident, Miguel Sanchez; and their employer, the county of Los Angeles. Samaan alleged that the actions of Sepulveda and Sanchez constituted unlawful detention, unlawful arrest, and excessive force. He also alleged that Sanchez’s actions constituted assault and battery and that Jakl and the county were liable for the actions of Sepulveda and Sanchez. Jakl and the county were ultimately dismissed from the case by law, per a motion and/or agreement of the parties. Other causes of action were also dismissed through law and motion. Thus, the matter continued against Sepulveda and Sanchez only. Samaan claimed that Sepulveda unlawfully detained him, unlawfully arrested him, and used excessive force against him, specifically by striking his face while attempting to place him in handcuffs. He further claimed that Sanchez was a civilian at the time who was only an LAPD recruit and that Sanchez got involved in the incident and assaulted and battered him at the stop. Sepulveda contended that Samaan was asked to sign the citation, but that Samaan refused and became irate because he was running late for an appointment. Sepulveda also contended that he informed Samaan that he would be placed under arrest if he did not sign the citation, pursuant to Vehicle Code § 40302. In addition, he claimed that Samaan continued to refuse to sign the citation and attempted to return the citation book back to him by jamming it into his hand, causing pain. Sepulveda claimed that as a result, he was going to place Samaan under arrest for assault and battery of a police officer, but that when he reached for him, Samaan went into a fighting position with both fists clenched. Thus, Sepulveda claimed that he struck Samaan before he could hit him. Sanchez, who was across the street during the encounter, claimed he witnessed Samaan jamming the ticket in Sepulveda’s hand and then getting into a fighting stance. However, he denied assaulting or battering Samaan., Samaan sustained a fractured orbital bone and bruising to his face. He was subsequently taken to a hospital for clearance before being booked at the jail. Once at the jail, Samaan was taken to the county Hospital and later released on bail. Samaan’s physical fully healed. However, he claimed he suffered emotional distress as a result of the incident, but he did not undergo any treatment for it. Thus, Samaan sought recovery of damages for his emotional distress. Sanchez’s counsel noted that Samaan claimed that he suffered a fractured rib as a result of Sanchez’s actions, but that a medical report refuted that claim.