This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 00:14:54 (UTC).

KRISTINA MARIE NAZARIAN VS MORTON'S THE STEAK HOUSE ET AL

Case Summary

On 09/19/2016 KRISTINA MARIE NAZARIAN filed a Personal Injury - Other Personal Injury lawsuit against MORTON'S THE STEAK HOUSE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4513

  • Filing Date:

    09/19/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

NAZARIAN KRISTINA MARIE

Defendants, Respondents, Cross Defendants and Cross Plaintiffs

CALIFORNIA PIZZA KITCHEN INC.

DOES 1 THROUGH 100

MORTON'S THE STEAK HOUSE

BROOKFIELD PROPERTIES MANAGEMENT LLC

ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC

WHTCP REALTY LLC

MOES 1 THROUGH 10 INCLUSIVE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF DANIEL T. PIERSON

Other Attorneys

WILLIAMSON JOHN S. ESQ.

 

Court Documents

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

1/26/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

ORDER) AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTIONIDISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

4/24/2018: ORDER) AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTIONIDISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

NOTICE OF UNAVAILABILITY

6/19/2018: NOTICE OF UNAVAILABILITY

EX PARTE APPLICATION OF DEFENDANT/CROSS-COMPLAINANT, ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC FOR AN ORDER CONTINUING THE CURRENT TRIAL DATE TO A DATE AT LEAST 35 DAYS AFTER DEFENDANTS?' MOTION FOR SUMM

7/31/2018: EX PARTE APPLICATION OF DEFENDANT/CROSS-COMPLAINANT, ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC FOR AN ORDER CONTINUING THE CURRENT TRIAL DATE TO A DATE AT LEAST 35 DAYS AFTER DEFENDANTS?' MOTION FOR SUMM

AMENDMENT TO COMPLAINT

8/7/2018: AMENDMENT TO COMPLAINT

Response

1/9/2019: Response

Minute Order

1/22/2019: Minute Order

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

1/22/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Unknown

1/22/2019: Unknown

Stipulation

1/24/2019: Stipulation

Request for Dismissal

2/22/2019: Request for Dismissal

Request for Dismissal

2/22/2019: Request for Dismissal

Notice of Ruling

3/7/2019: Notice of Ruling

PROOF OF SERVICE OF SUMMONS

6/9/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

6/9/2017: PROOF OF SERVICE OF SUMMONS

CROSS-COMPLAINT OF ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC FOR: 1. IMPLIED EQUITABLE INDEMNITY; ETC.

6/29/2017: CROSS-COMPLAINT OF ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC FOR: 1. IMPLIED EQUITABLE INDEMNITY; ETC.

ANSWER TO COMPLAINT

6/29/2017: ANSWER TO COMPLAINT

CIVIL DEPOSIT

8/31/2017: CIVIL DEPOSIT

31 More Documents Available

 

Docket Entries

  • 03/07/2019
  • Notice of Ruling; Filed by Arnie Morton's of Chicago/Figueroa LLC (Legacy Party)

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  • 02/22/2019
  • Request for Dismissal ((WITHOUT PREJUDICE)); Filed by Kristina Marie Nazarian (Plaintiff)

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  • 02/22/2019
  • Request for Dismissal ((WITHOUT PREJUDICE)); Filed by Kristina Marie Nazarian (Plaintiff)

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  • 02/20/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 02/07/2019
  • Notice (of continuance of final status conference and trial); Filed by Kristina Marie Nazarian (Plaintiff)

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  • 02/06/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 01/25/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for an Order to Continue Trial and Final Status Conference) - Held - Motion Granted

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  • 01/25/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order to Continue Tria...)); Filed by Clerk

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  • 01/24/2019
  • Ex Parte Application (for an Order to Continue Trial and Final Status Conference); Filed by Kristina Marie Nazarian (Plaintiff)

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  • 01/24/2019
  • Stipulation - No Order (Stipulation by all Parties for an Order to Continue the Trial, Final Status Conference, and Discovery Cut-Off Including Expert); Filed by Kristina Marie Nazarian (Plaintiff)

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58 More Docket Entries
  • 06/29/2017
  • ANSWER TO COMPLAINT

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  • 06/29/2017
  • CROSS-COMPLAINT OF ARNIE MORTON'S OF CHICAGO/FIGUEROA LLC FOR: 1. IMPLIED EQUITABLE INDEMNITY; ETC.

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  • 06/29/2017
  • SUMMONS CROSS-COMPLAINT

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  • 06/09/2017
  • Proof-Service/Summons; Filed by Kristina Marie Nazarian (Plaintiff)

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  • 06/09/2017
  • Proof-Service/Summons; Filed by Kristina Marie Nazarian (Plaintiff)

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  • 06/09/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 06/09/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 09/19/2016
  • COMPLAINT FOR DAMAGES FOR: PERSONAL INJURIES/ NEGLIGENCE/PREMISES LIABILITY

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  • 09/19/2016
  • Complaint; Filed by Kristina Marie Nazarian (Plaintiff)

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  • 09/19/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC634513    Hearing Date: November 15, 2019    Dept: 2

Nazarian v. Morton’s The Steak House, et al.

Motion by Defendant/ Cross-Complainant, Arnie Morton’s of Chicago/Figueroa, LLC, Contesting Plaintiff’s for Determination of Good Faith, filed on 10/16/19, is DENIED. The Court concludes that the settlement was in good faith.

The Application for Determination of Good Faith Settlement filed by Defendant, California Pizza Kitchen, Inc. (“CPK”) establishes that CPK settled with Plaintiff for $197,500 following extensive arms-length settlement discussions. Declaration of Alexandra Rambis, ¶ 10.

The burden of establishing that a settlement was not made in good faith falls on the contesting party, Arnie Morton’s of Chicago/Figueroa, LLC (“Morton’s”). Cal. Code Civ. Proc. § 877.6(d). L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 748.

The settling party need only demonstrate that a settlement has been made. The burden shifts to the contesting party to demonstrate that the settlement does not meet the relevant factors for determination of good faith settlement under Tech-Bilt v. Inc. v. Woodward Clyde Associates (1985) 38 Cal.3d 488. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261-1262.

The factors identified in Tech-Bilt are not to be rigidly applied. North County Contractor's Assn. v. Touchstone Ins. Services (1994) 27 Cal. App. 4th 1085, 1090. Those factors are:

1. Approximation of plaintiff’s total recovery and settlor’s proportionate liability.

2. The amount paid in settlement.

3. Recognition that the settlor should pay less in settlement.

4. Allocation of the settlement proceeds.

5. The settlor’s financial condition and insurance policy limits.

6. Evidence of collusion, fraud or tortious conduct between the settlor and plaintiff.

7. The settlement must be within the reasonable range of the settlor’s share of liability.

Determination is based on information available at the time of settlement. The settlement should not be “grossly disproportionate” to what a reasonable person would estimate the settling party’s liability to be. Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1349.

Morton’s, as the contesting party, has not met its evidentiary burden of demonstrating that the settlement was not made in good faith. Most significantly, there is no evidence whatsoever that the settlement was the result of collusion, fraud or tortious conduct between the settlor and the plaintiff. The evidence establishes that the settlement was the result of arm’s length negotiations.

Further, Morton’s argues without evidence that CPK bears greater proportionate liability since the leak was purportedly caused by CPK’s sewer pipe. However, as CPK’s evidence contained within its application establishes, the accident occurred in a Morton’s in an area that was dark. The tables and flooring are black. Application, Ex. 2, 26:5-7. There was very little lighting. Id., 25:10-13. The puddle was large, there was a “great deal” of water, and it extended out towards at least another one or two tables towards the dining area. Id., 27:4-13. It wasn’t “just a drip … . There was a “significant amount of water coming from the ceiling.” Id., 37:16-25. It appeared to have been there for an “appreciable period of time.” Id. 54:20-22.

Morton’s has not presented any evidence establishing CPK’s greater share of proportionate liability given the evidence inferring that Morton’s should have had notice of the large pool of water on the floor for a sufficient period of time to remedy the condition. Based on the evidence presented, the Court cannot conclude that the settlement amount was grossly disproportionate to CPK’s expected liability.

Nor has Morton’s submitted any evidence to support any of the other relevant factors to be considered in determining the nature of the settlement.

Moving party is ordered to give notice.