LAPD Officer, City Settle Baggett Misconduct Case

Case Background

On October 20, 2019, Los Angeles police officers entered the home of Elizabeth Baggett during an investigation. They discovered her deceased inside. Plaintiff Janet Baggett was Elizabeth’s mother. Plaintiff Preston Sertich was her son, represented by his guardian ad litem, Michael Sertich Jr. Michael Sertich Jr. also joined as a plaintiff. Together, with Elizabeth’s estate, they filed suit. At the time, Defendant David Rojas served as a police officer for the City of Los Angeles.

Cause

According to the complaint, Officer Rojas and other unknown officers engaged in misconduct after discovering Elizabeth Baggett’s body. They allegedly molested her remains, including fondling intimate parts. They also recorded video footage using a body camera and later transmitted it to others. Plaintiffs claimed the acts violated California Health and Safety Code §7052, which prohibits sexual contact with human remains. They also alleged the City bore responsibility through vicarious liability for its employees’ actions and failures in oversight.

Injury

The incident devastated Elizabeth Baggett’s surviving family. Plaintiffs reported severe emotional distress, grief, and humiliation. They alleged ongoing anxiety and loss of enjoyment of life. The family argued their privacy rights were violated by the creation and distribution of the video. The misconduct, they claimed, inflicted lasting emotional and psychological harm that compounded the grief of losing their loved one.

Damages

Plaintiffs sought compensation for past and future non-economic damages, including mental suffering, humiliation, loss of reputation, and shame. They also requested punitive damages against Rojas and unnamed officers, alleging malice, oppression, and conscious disregard of rights. Plaintiffs sought costs of suit, prejudgment interest, and any additional relief deemed proper by the Court.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Janet Baggett | Estate of Elizabeth Baggett | Preston Sertich | Michael Sertich Jr.
Counsel for Plaintiffs: Gloria Rachel Allred | Robert J. Ounjian
Defendant(s): City of Los Angeles | David Rojas
Counsel for Defendants: Lawrence Andrews | Rebecca Elizabeth Hunter
Expert for Defendant: Adrienne Meier

Claims

The complaint alleged seven causes of action:

Invasion of Privacy – wrongful disclosure of private video.
Intentional Infliction of Emotional Distress – extreme and outrageous conduct.
Negligence – breach of duty to protect plaintiffs’ rights and privacy.
Mishandling of Human Remains – violation of statutory and common law duties.
Violation of Civil Code §1708.85 – unlawful distribution of intimate images.
Intrusion Into Private Affairs – intentional interference with family privacy.
Violation of Mandatory Statutory Duties – failure to exercise required responsibilities under California law.

Defense

The City of Los Angeles and Officer David Rojas both denied all allegations in the Plaintiffs’ complaint and raised multiple affirmative defenses. The City argued that Plaintiffs’ claims were barred for failure to comply with the California Tort Claims Act and invoked broad statutory immunities under the Government and Penal Codes. It also claimed that any damages were caused by the negligence of other persons and that the complaint failed to state valid causes of action.

Separately, Rojas denied liability and asserted defenses including failure to state a claim, uncertainty of statutory violations, and immunity for discretionary functions. He argued that any injuries were caused by independent, intervening acts of third parties or other defendants. Rojas also sought apportionment of liability, claiming any damages must be reduced according to others’ relative fault, and preserved the right to assert additional defenses as discovery progressed.

Settlement

The Plaintiffs, Janet Baggett, Preston Sertich (through guardian ad litem Michael Sertich Jr.), Michael Sertich Jr., and the Estate of Elizabeth Baggett, reached a conditional $250,000 partial settlement with Defendants City of Los Angeles and David Rojas, subject to city/board approval. On December 12, 2024, Judge Jon R. Takasugi approved the settlement and entered judgment, awarding the Plaintiffs $250,000 against the Defendants.

Court Documents

Court documents are available for purchase upon request at Jurimatic@exlitem.com