Attorneys Seek to Annul Lawsuit Against Teens Over Fatal Crash

Lawyers representing two teenage boys who were charged in the death of a jogger in a July 4 crash in San Marino want a Los Angeles Superior Court judge to strike down a civil lawsuit filed against the boys and their families.
The lawyers with the L.A. firm Lewis, Brisbois, Bisgaard & Smith filed a motion to strike the civil lawsuit on Dec. 6, adding they plan to make the request at a hearing scheduled for Monday, Feb. 3. The lawsuit was filed Aug. 22 by the victim’s mother and girlfriend and has been scheduled for trial on Feb. 18, 2021.
The lawsuit seeks unspecified damages in the death of San Gabriel resident Gabriel Crispo while he was jogging with his girlfriend, Marta Franco, and their dog Nino in the grassy parkway of Huntington Drive. As they ran past the intersection of Huntington and Kenilworth Avenue at about 10:35 a.m., Crispo and Nino were fatally struck by an out-of-control Mercedes-Benz sedan that had vaulted the curb, police said.
San Marino police arrested the driver of the Mercedes-Benz as well as the driver of a Toyota sedan that authorities said at the time had collided with the Mercedes as the two drivers raced on Huntington.
A media relations representative for the Los Angeles County District Attorney’s Office said that both of the court cases, held separately for each boy, were completed on Dec. 20, but could not confirm further details of the punishment they received.
Lawyers for the boys are claiming that the civil lawsuit fails to prove malice as is required for punitive damages to be awarded in California, essentially saying the tragedy was purely an accident.

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