Family of Justin Mendoza, Man Killed Outside Club Cocomo, Wins $1.75 Million Settlement
Categories: Local News
The parents of 21-year-old Justin Mendoza, the man who was shot at Club Cocomo while at a hip hop event in 2005, received a $1.75 million court settlement in the wrongful death suit in what lawyers are calling a precedent-setting settlement.
On top of the settlement announcement, Mendoza's lawyers issued some scathing remarks.
"This should serve as a wake-up call to the clubs that cater to and profit from the violence-prone club-goers without taking any responsibility for the consequences," says David Anderson, who represented the Medoza family. "The history of violence not only inside the club, but out on Indiana Street should have resulted in its closure years ago."
Anderson says that police records prove the club had a history of fighting, stabbings, and complaints of noise disturbances. It's also been called a hot spot for gangs, according to Anderson.
How might this million-dollar payout hurt the Dogptach nightclub? Owners have not returned a phone call from SF Weekly.
On Mar. 21, 2005, Mendoza was shot and killed at the entrance of the club at about 2 a.m. According to the complaint, a crowd of between 200 and 600 people poured into the streets outside the club. While the club had hired security, they were not trained or licensed as required by state law -- and none of them tried to disperse the intoxicated crowds, which included many underage people, according to the lawsuit.
A fight broke out between two groups -- one Asian and one African American -- and members taunted one another until Gerry Phongboupha pulled a gun from his car and began shooting, according to the claim. One of the bullets hit Mendoza in the heart as e was walking across the street. He was not acquainted with either group involved in the altercation.
He died in the arms of a friend who had rushed over to help him. Four other people were hit, but survived. Phongboupha was convicted of murder and is serving a life sentence at Pelican Bay State Prison.
The settlement includes a $1 million judgment against the club and its owner, Daruka Wanigatunga, as well as a $500,000 settlement with K-Dubb Security and its insurer, and a $249,999 judgment with the property owners.
Follow us on Twitter at @TheSnitchSF and @SFWeekly.
On top of the settlement announcement, Mendoza's lawyers issued some scathing remarks.
"This should serve as a wake-up call to the clubs that cater to and profit from the violence-prone club-goers without taking any responsibility for the consequences," says David Anderson, who represented the Medoza family. "The history of violence not only inside the club, but out on Indiana Street should have resulted in its closure years ago."
Anderson says that police records prove the club had a history of fighting, stabbings, and complaints of noise disturbances. It's also been called a hot spot for gangs, according to Anderson.
How might this million-dollar payout hurt the Dogptach nightclub? Owners have not returned a phone call from SF Weekly.
On Mar. 21, 2005, Mendoza was shot and killed at the entrance of the club at about 2 a.m. According to the complaint, a crowd of between 200 and 600 people poured into the streets outside the club. While the club had hired security, they were not trained or licensed as required by state law -- and none of them tried to disperse the intoxicated crowds, which included many underage people, according to the lawsuit.
A fight broke out between two groups -- one Asian and one African American -- and members taunted one another until Gerry Phongboupha pulled a gun from his car and began shooting, according to the claim. One of the bullets hit Mendoza in the heart as e was walking across the street. He was not acquainted with either group involved in the altercation.
He died in the arms of a friend who had rushed over to help him. Four other people were hit, but survived. Phongboupha was convicted of murder and is serving a life sentence at Pelican Bay State Prison.
The settlement includes a $1 million judgment against the club and its owner, Daruka Wanigatunga, as well as a $500,000 settlement with K-Dubb Security and its insurer, and a $249,999 judgment with the property owners.
Follow us on Twitter at @TheSnitchSF and @SFWeekly.
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