This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 10:46:55 (UTC).

LIDIA MULLINGS ET AL VS QBE FIRST INSURANCE AGENCY INC ET AL

Case Summary

On 04/17/2017 LIDIA MULLINGS filed a Labor - Wrongful Termination lawsuit against QBE FIRST INSURANCE AGENCY INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SAMANTHA P. JESSNER, DANIEL S. MURPHY and YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7676

  • Filing Date:

    04/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SAMANTHA P. JESSNER

DANIEL S. MURPHY

YOLANDA OROZCO

 

Party Details

Plaintiffs and Petitioners

MULLINGS ENRIQUE

MULLINGS LIDIA

Defendants and Respondents

STONES JARED

RIGHTWAY CONSTRUCTION BUILDERS INC.

BALBOA INSURANCE

JON K. TAKATA CORPORATION

PIERCE MICHELLE

DOES 1 THROUGH 100

BALBOA INSURANCE GROUP

QBE FIRST INSURANCE AGENCY INC.

PIERCE GEORGE

RESTORATION MANAGEMENT COMPANY

NEWPORT INSURANCE COMPANY

QBE AMERICAS INC. (DOE 1)

QBE AMERICAS INC. [DOE 1]

BALBOA INSURANCE GROUP INC.

NGLS INSURANCE SERVICES INC.

BALBOA INSURANCE COMPANY

CW INSURANCE GROUP LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RAND GARY ESQ.

RAND-LEWIS SUZANNE ELIZABETH

Defendant and Respondent Attorneys

PRATA & DALEY LLP

MORNING JOHN F

 

Court Documents

PLAINTIFFS' OPPOSITION TO DEFENDANTS NGLS INSURANCE SERVICES. INC., CW INSURANCE GROUP, LLC, QBE AMERICAS, INC., AND NEWPORT INSURANCE COMPANY'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS? SECOND AMENDED

1/30/2018: PLAINTIFFS' OPPOSITION TO DEFENDANTS NGLS INSURANCE SERVICES. INC., CW INSURANCE GROUP, LLC, QBE AMERICAS, INC., AND NEWPORT INSURANCE COMPANY'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS? SECOND AMENDED

ORDER APPOINTING COURT APPROVED REPORTER AS OFFIC!AL REPORTER PRO TEMPORE

2/13/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFIC!AL REPORTER PRO TEMPORE

DEFENDANT NEWPORT INSURANCE COMPANY'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFFS LID1A AND ENRIQUE MULLINGS' WRITTEN RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND INSPECTION DE

6/13/2018: DEFENDANT NEWPORT INSURANCE COMPANY'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFFS LID1A AND ENRIQUE MULLINGS' WRITTEN RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND INSPECTION DE

Unknown

6/25/2018: Unknown

DECLARATION OF SUZANNE F. RAND-LEWIS IN OPPOSITION TO DEFENDANT NEWPORT INSURANCE COMPANY''S MOTION TO COMPEL WRITTEN RESPONSES TO FORM INTERROCITORIES, SPECIAL INTERROGATORIES AND INSPECTION DEMANDS

6/29/2018: DECLARATION OF SUZANNE F. RAND-LEWIS IN OPPOSITION TO DEFENDANT NEWPORT INSURANCE COMPANY''S MOTION TO COMPEL WRITTEN RESPONSES TO FORM INTERROCITORIES, SPECIAL INTERROGATORIES AND INSPECTION DEMANDS

ORDER RE: DEFENDANT NEWPORT INSURANCE COMPANY'S MOTION TO COMPEL PLAINTIFFS LIDIA AND ENRIQUE MULLINGS' WRITTEN RESPONSES TO FORM INTERROGATORIES,; ETC.

7/16/2018: ORDER RE: DEFENDANT NEWPORT INSURANCE COMPANY'S MOTION TO COMPEL PLAINTIFFS LIDIA AND ENRIQUE MULLINGS' WRITTEN RESPONSES TO FORM INTERROGATORIES,; ETC.

Minute Order

7/16/2018: Minute Order

Proof of Personal Service

4/30/2019: Proof of Personal Service

Minute Order

5/2/2019: Minute Order

DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

1/11/2018: DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

DECLARATION OF JEREMY H. HERWITT RE: INABILITY TO MEET AND CONFER AHEAD OF DEMURRER FILING DEADLINE

12/21/2017: DECLARATION OF JEREMY H. HERWITT RE: INABILITY TO MEET AND CONFER AHEAD OF DEMURRER FILING DEADLINE

Minute Order

12/15/2017: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE

4/27/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

Unknown

5/26/2017: Unknown

PLAINTIFFS' OPPOSITION TO DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT; ETC

7/20/2017: PLAINTIFFS' OPPOSITION TO DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT; ETC

ORDER RE: DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT

8/2/2017: ORDER RE: DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT

AMENDMENT TO COMPLAINT

9/7/2017: AMENDMENT TO COMPLAINT

CASE MANAGEMENT ORDER

9/18/2017: CASE MANAGEMENT ORDER

81 More Documents Available

 

Docket Entries

  • 05/02/2019
  • at 08:30 AM in Department 31, Yolanda Orozco, Presiding; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Not Held - Continued - Court Congestion

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  • 05/02/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 04/30/2019
  • Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 04/30/2019
  • Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 04/30/2019
  • Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 04/30/2019
  • Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 02/15/2019
  • Request for Dismissal; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 02/11/2019
  • at 09:00 AM in Department 31, Yolanda Orozco, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 02/01/2019
  • at 08:30 AM in Department 31, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 02/01/2019
  • Notice of Ruling; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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183 More Docket Entries
  • 05/26/2017
  • Declaration; Filed by Defendant/Respondent

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  • 05/26/2017
  • DECLARATION OF JOHN F. MORNING RE INABILITY TO MEET AND CONFER AHEAD OF DEMURRER FILING DEADLINE

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  • 05/26/2017
  • CIVIL DEPOSIT

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  • 04/27/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/27/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 04/27/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/27/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/17/2017
  • Complaint; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)

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  • 04/17/2017
  • SUMMONS

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  • 04/17/2017
  • COMPLAINT FOR 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; ETC

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Tentative Rulings

Case Number: BC657676    Hearing Date: June 22, 2020    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED WITHOUT PREJUDICE

On April 17, 2017, Plaintiffs Lidia Mulling and Enrique Mullings filed the instant action against Defendants QBE First Insurance Agency, Inc. now known as NGLS Insurance Services Inc.; Balboa Insurance; Balboa Insurance Group, a member company of CW Insurance Group LLC; Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; Jon K. Takata Corporation dba Restoration Management Company; Jared Stones; and Does 1 through 100. On August 28, 2017, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name), naming QBE Americas, Inc. as Doe 1. On September 7, 2017, Plaintiffs filed an additional Amendment to Complaint (Fictitious/Incorrect Name) correcting Balboa Insurance to Newport Insurance Company. On November 16, 2017, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for:

  1. Breach of Contract;

  2. Breach of the Implied Covenant of Good Faith and Fair Dealing;

  3. Fraud and Concealment;

  4. Violation of Business & Professions Code section 17200;

  5. Negligence;

  6. Violation of Consumer Legal Remedies Act; and

  7. Intentional Infliction of Emotional Distress.

On February 15, 2019, Plaintiffs dismissed NGLS Insurance Services, Inc.; Newport Insurance Company; CW Insurance Group, LLC; and QBE Americas, Inc. with prejudice. On July 19, 2019, default was entered as to Defendants Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; and Jon K. Takata Corporation dba Restoration Management Company (collectively referred to herein as “Defendants”). On January 7, 2020, Does 1 through 100 were dismissed without prejudice. 

On January 31, 2020, the Court denied without prejudice Plaintiff’s request for entry of default judgment. On June 18, 2020 Jared Stones was dismissed without prejudice. 

Plaintiffs seek entry of a default judgment of $862,148.88 against Defendants consisting of $457,813.48 in damages, $250,000.00 in punitive damages, $150,000.00 in attorneys’ fees, and $4,335.40 in costs.

The Court finds that Plaintiffs’ prove up papers are deficient.

Plaintiffs have failed to provide evidence sufficient to support the judgment sought against Defendants. While Plaintiffs seek $46,600.00 for furniture, furnishings, and clothing items; $7,783.09 in out of pocket repair costs; and $50,000.00 in other out of pocket expenses due to not having substantially similar living quarters, kitchen, etc., Plaintiffs have failed to provide any evidence to substantiate those numbers.

Moreover, Plaintiffs’ request for attorney fees far exceeds the schedule provided for in Local Rule 3.214. Pursuant to Local Rule 3.214(d), “[a]n application for a fee greater than listed in the foregoing schedule because of extraordinary services must include an itemized statement of the services rendered or to be rendered.” Plaintiffs have failed to provide such an itemized statement supporting the request for attorney fees.

Based on the foregoing, Plaintiffs’ request for entry of default judgment is DENIED without prejudice.

Case Number: BC657676    Hearing Date: January 31, 2020    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED WITHOUT PREJUDICE

On April 17, 2017, Plaintiffs Lidia Mulling and Enrique Mullings filed the instant action against Defendants QBE First Insurance Agency, Inc. now known as NGLS Insurance Services Inc.; Balboa Insurance; Balboa Insurance Group, a member company of CW Insurance Group LLC; Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; Jon K. Takata Corporation dba Restoration Management Company; Jared Stones; and Does 1 through 100. On August 28, 2017, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name), naming QBE Americas, Inc. as Doe 1. On September 7, 2017, Plaintiffs filed an additional Amendment to Complaint (Fictitious/Incorrect Name) correcting Balboa Insurance to Newport Insurance Company. On November 16, 2017, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: 

  1. Breach of Contract;

  2. Breach of the Implied Covenant of Good Faith and Fair Dealing;

  3. Fraud and Concealment;

  4. Violation of Business & Professions Code section 17200;

  5. Negligence;

  6. Violation of Consumer Legal Remedies Act; and

  7. Intentional Infliction of Emotional Distress.

On February 15, 2019, Plaintiffs dismissed NGLS Insurance Services, Inc.; Newport Insurance Company; CW Insurance Group, LLC; and QBE Americas, Inc. with prejudice. On July 19, 2019, default was entered as to Defendants Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; and Jon K. Takata Corporation dba Restoration Management Company (collectively referred to herein as “Defendants”). On January 7, 2020, Does 1 through 100 were dismissed without prejudice. 

Plaintiffs seek entry of a default judgment of $861,706.13 against Defendants consisting of $250,000.00 in general damages, $207,813.49 in special damages, $250,000.00 in punitive damages, $150,000.00 in attorneys’ fees, and $3,892.65 in costs.

The Court finds that Plaintiffs’ prove up papers are deficient. First, Plaintiffs have failed to submit a declaration of mailing or Proof of Service indicating service of the default judgment prove-up papers on Defendants. Second, Plaintiffs have failed to dismiss or provide a separate judgment for Defendant Jared Stones. Third, Plaintiffs’ Request for Court Judgment does not match the requested amounts provided in Plaintiffs’ summary of case nor are there any totals provided. Finally, Plaintiffs’ proposed judgment is incomplete, as no amounts were provided.

Based on the foregoing, Plaintiffs’ request for entry of default judgment is DENIED without prejudice.