This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 00:51:48 (UTC).

SHERIF ABDELNOUR VS LA MIRAGE RESTAURANT ET AL

Case Summary

On 08/08/2017 SHERIF ABDELNOUR filed a Personal Injury - Other Personal Injury lawsuit against LA MIRAGE RESTAURANT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are PATRICIA D. NIETO and GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1479

  • Filing Date:

    08/08/2017

  • 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 Judges

PATRICIA D. NIETO

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

ABDELNOUR SHERIF

Defendants and Respondents

DOE ATTACKER

LA MIRAGE RESTAURANT

DOES 1 TO 101

JOHER HASSAN

LA MIRAGE

TOPICAL ENTERTAINMENT INC.

MIRAGE LA

5 DIAMOND PROTECTION INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GOLDSMAN GENE J. ESQ.

Defendant and Respondent Attorney

DANIELS FINE ISRAEL SCHONBUCH & LEBOVITS

 

Court Documents

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

12/26/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Amendment to Complaint (Fictitious/Incorrect Name)

2/7/2019: Amendment to Complaint (Fictitious/Incorrect Name)

DEFENDANTS TROPICAL ENTERTAINMENT, INC. DBA LA MIRAGE AND HASSAN JOHER'S ANSWER TO PLAINTIFF SHERIF ABDELNOUR'S COMPLAINT AND DEMAND FOR JURY TRIAL

12/6/2017: DEFENDANTS TROPICAL ENTERTAINMENT, INC. DBA LA MIRAGE AND HASSAN JOHER'S ANSWER TO PLAINTIFF SHERIF ABDELNOUR'S COMPLAINT AND DEMAND FOR JURY TRIAL

CIVIL DEPOSIT

12/6/2017: CIVIL DEPOSIT

NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF ALINA SOOKASIAN

10/10/2017: NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF ALINA SOOKASIAN

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

10/26/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

DEFENDANTS TROPICAL ENTERTAINMENT INC. DBA LA MIRAGE AND HASSAN JOHER'S NOTICE OF NON- OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT

11/6/2017: DEFENDANTS TROPICAL ENTERTAINMENT INC. DBA LA MIRAGE AND HASSAN JOHER'S NOTICE OF NON- OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT

PROOF OF SERVICE SUMMONS

9/27/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

9/27/2017: PROOF OF SERVICE SUMMONS

SUMMONS

8/8/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

8/8/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

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

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  • 02/07/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by SHERIF ABDELNOUR (Plaintiff)

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  • 01/22/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 12/26/2018
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by LA MIRAGE RESTAURANT (Legacy Party)

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  • 12/06/2017
  • Answer; Filed by Defendant/Respondent

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  • 12/06/2017
  • CIVIL DEPOSIT

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  • 12/06/2017
  • DEFENDANTS TROPICAL ENTERTAINMENT, INC. DBA LA MIRAGE AND HASSAN JOHER'S ANSWER TO PLAINTIFF SHERIF ABDELNOUR'S COMPLAINT AND DEMAND FOR JURY TRIAL

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  • 12/06/2017
  • Receipt; Filed by Defendant/Respondent

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  • 11/09/2017
  • at 1:30 PM in Department 91; Hearing on Demurrer - without Motion to Strike (Hearing on Demurrer; Off Calendar) -

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  • 11/09/2017
  • Minute order entered: 2017-11-09 00:00:00; Filed by Clerk

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5 More Docket Entries
  • 10/26/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 10/10/2017
  • NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF ALINA SOOKASIAN

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  • 10/10/2017
  • Demurrer; Filed by HASSAN JOHER (Defendant); LA MIRAGE RESTAURANT (Legacy Party)

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  • 09/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/27/2017
  • Proof-Service/Summons; Filed by SHERIF ABDELNOUR (Plaintiff)

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  • 09/27/2017
  • Proof-Service/Summons; Filed by SHERIF ABDELNOUR (Plaintiff)

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  • 09/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 08/08/2017
  • SUMMONS

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  • 08/08/2017
  • Complaint; Filed by SHERIF ABDELNOUR (Plaintiff)

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  • 08/08/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC671479    Hearing Date: July 22, 2020    Dept: 29

Abdelnour v. La Mirage Restaurant et al.

The Court does not intend to issue a tentative ruling. Instead, at the hearing, the parties should be prepared to address the following questions:

1. Do the defendants, as the moving parties, bear the initial burden of proving that the undisputed evidence establishes that the peculiar risk doctrine does NOT apply?

Or, have the defendants met their initial burden by presenting undisputed evidence that 5 Diamond was an independent contractor, thus shifting the burden to the plaintiff to show that there is a triable issue as to the applicability of the peculiar risk doctrine? What case authority supports your position as to the burden of proof?

2. Plaintiff’s theory is that the security guard at issue here engaged in a wholly unprovoked, unjustified attack on him. Is there a triable issue of fact as to whether a “peculiar risk” of providing security guard services is that a security guard would engage in an unprovoked attack on a patron? Isn't it Plaintiff’s contention that the guard was acting wholly improperly in the attack?

3. In order to satisfy his burden with respect to the peculiar risk doctrine, does Plaintiff have to show that there is a triable issue of fact as to whether 5 Diamonds could have taken precautions prevent this allegedly unprovoked attack?

2. The record is entirely silent as to who defendant Hassan Johner is and what his role is with La Mirage or with respect to this incident. Must the Court deny Mr. Johner’s motion for summary judgment, even if the Court concludes that La Mirage is entitled to summary judgment, given the entire lack of evidence regarding him? Or does Plaintiff agree that if summary judgment in granted in favor of La Mirage, summary judgment may also be granted in favor of Mr. Johner?

3. If the Court concludes that La Mirage is not vicariously liable for the acts of the 5 Diamond security guards because 5 Diamond is an independent contractor and the peculiar risk doctrine does not apply, should the Court grant summary judgment? Or are there other theories of liability that remain at issue, even if the Court decides in favor of La Mirage on the vicarious liability issue?

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