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.
****7676
04/17/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
SAMANTHA P. JESSNER
DANIEL S. MURPHY
YOLANDA OROZCO
MULLINGS ENRIQUE
MULLINGS LIDIA
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
RAND GARY ESQ.
RAND-LEWIS SUZANNE ELIZABETH
PRATA & DALEY LLP
MORNING JOHN F
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
2/13/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFIC!AL REPORTER PRO TEMPORE
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
6/25/2018: Unknown
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
7/16/2018: ORDER RE: DEFENDANT NEWPORT INSURANCE COMPANY'S MOTION TO COMPEL PLAINTIFFS LIDIA AND ENRIQUE MULLINGS' WRITTEN RESPONSES TO FORM INTERROGATORIES,; ETC.
7/16/2018: Minute Order
4/30/2019: Proof of Personal Service
5/2/2019: Minute Order
1/11/2018: DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES
12/21/2017: DECLARATION OF JEREMY H. HERWITT RE: INABILITY TO MEET AND CONFER AHEAD OF DEMURRER FILING DEADLINE
12/15/2017: Minute Order
4/27/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
5/26/2017: Unknown
7/20/2017: PLAINTIFFS' OPPOSITION TO DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT; ETC
8/2/2017: ORDER RE: DEFENDANTS NGLS INSURANCE SERVICES, INC., BALBOA INSURANCE COMPANY, AND CW INSURANCE GROUP, LLC'S DEMURRER TO COMPLAINT
9/7/2017: AMENDMENT TO COMPLAINT
9/18/2017: CASE MANAGEMENT ORDER
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
Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk
Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
Proof of Personal Service; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
Request for Dismissal; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
at 09:00 AM in Department 31, Yolanda Orozco, Presiding; Jury Trial - Not Held - Advanced and Vacated
at 08:30 AM in Department 31, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court
Notice of Ruling; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
Declaration; Filed by Defendant/Respondent
DECLARATION OF JOHN F. MORNING RE INABILITY TO MEET AND CONFER AHEAD OF DEMURRER FILING DEADLINE
CIVIL DEPOSIT
OSC-Failure to File Proof of Serv; Filed by Clerk
ORDER TO SHOW CAUSE HEARING
Notice of Case Management Conference; Filed by Clerk
NOTICE OF CASE MANAGEMENT CONFERENCE
Complaint; Filed by Lidia Mullings (Plaintiff); Enrique Mullings (Plaintiff)
SUMMONS
COMPLAINT FOR 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; ETC
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:
Breach of Contract;
Breach of the Implied Covenant of Good Faith and Fair Dealing;
Fraud and Concealment;
Violation of Business & Professions Code section 17200;
Negligence;
Violation of Consumer Legal Remedies Act; and
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:
Breach of Contract;
Breach of the Implied Covenant of Good Faith and Fair Dealing;
Fraud and Concealment;
Violation of Business & Professions Code section 17200;
Negligence;
Violation of Consumer Legal Remedies Act; and
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.