This case was last updated from PACER on 09/16/2021 at 11:21:52 (UTC).

Jean Jacques Darmon, Inc. v. State Farm General Insurance Company et al

Case Summary

On June 28, 2021, Plaintiff Jean-Jacques Darmon, Inc., d/b/a 5Art Gallery filed a contract - insurance lawsuit against State Farm General Insurance Company and Does 1 through 50, inclusive, (collectively, “Defendants”), represented by Michael J. Mcguire of Pacific Law Partners, LLP for allegedly engaging in bad faith insurance practices. This case was removed to the U.S. District Court for the Central District of California. 

 

In the complaint, the Plaintiff alleges that “Plaintiff’s business, 5Art Gallery, sustained substantial property and income losses when its gallery was infiltrated and vandalized during the social unrest related to the George Floyd incident in May 2020. 5Art had insurance for its losses and tendered a claim to its insurer, Defendant State Farm General Insurance Company.”

 

The Plaintiff also alleges “While State Farm ultimately paid for 5Art’s property losses, it decided to save money on the business income portion of the claim. It did so by ignoring 5Art’s business model, which is selling high worth artworks to wealthy collectors on an unpredictable basis. State Farm instead analyzed 5Art’s income losses against an irrelevant generic model, thereby supporting State Farm’s lowball claim payout.”

 

The Plaintiff further alleges “In March 2021, State Farm declared that it would pay no more for 5Art’s business income losses, having paid only a fraction of 5Art’s estimated $1.1 million in actual losses. 5Art was left with no option but to institute litigation to recover the full proceeds it is owed under its insurance policy, consequential damages incurred from State Farm’s withholding of the full benefit and damages for State Farm’s bad faith.”

 

There are two claims laid down by the Plaintiff. One is for the Defendant’s alleged breach of the contractual duty to pay a covered claim. The second claim is for the Defendant’s alleged breach of the duty of good faith and fair dealing.

 

In its prayer for relief, the Plaintiff requests the Court to enter a judgment against the Defendant, award damages for the Defendant’s breach of the contractual duty to pay a covered claim, award damages for the Defendant’s breach of the duty of good faith and fair dealing, and award all attorney’s fees incurred. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-05235

  • Filing Date:

    06/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Referral Judge

Alka Sagar

Presiding Judge

John A. Kronstadt

 

Party Details

Plaintiffs

JEAN-JACQUES DARMON, INC., dba 5ART GALLERY

Jean Jacques Darmon, Inc. doing business as 5Art Gallery

Defendants

STATE FARM GENERAL INSURANCE COMPANY

Does 1 through 50, inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Samuel Lawrence Bruchey

Attorney at Shernoff Bidart Echeverria LLP

600 South Indian Hill Boulevard

Claremont, CA 91711

William M Shernoff

Attorney at Shernoff Bidart Echeverria LLP

600 South Indian Hill Boulevard

Claremont, CA 91711

Defendant Attorneys

Michael John McGuire

Attorney at Pacific Law Partners LLP

15615 Alton Parkway Suite 240

Irvine, CA 92618

Dominique Madalaine Waters Tomaino

Attorney at Pacific Law Partners LLP

15615 Alton Parkway Suite 240

Irvine, CA 92618

 

Court Documents

#10

(#10) ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant State Farm General Insurance Company.(McGuire, Michael) (Entered: 07/06/2021)

#9

(#9) ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by October 8, 2021. (tj) (Entered: 06/30/2021)

#8

(#8) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 06/30/2021)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 06/29/2021)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alka Sagar. (car) (Entered: 06/29/2021)

#5

(#5) CERTIFICATE OF SERVICE filed by Defendant STATE FARM GENERAL INSURANCE COMPANY, re Civil Cover Sheet (CV-71) #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Declaration #2 served on June 28, 2021. (McGuire, Michael) (Entered: 06/28/2021)

#4

(#4) CIVIL COVER SHEET filed by Defendant STATE FARM GENERAL INSURANCE COMPANY. (McGuire, Michael) (Entered: 06/28/2021)

#3

(#3) NOTICE of Interested Parties filed by Defendant STATE FARM GENERAL INSURANCE COMPANY, identifying JEAN-JACQUES DARMON, INC., dba 5ART GALLERY. (McGuire, Michael) (Entered: 06/28/2021)

 

Docket Entries

  • 07/06/2021
  • View Court Documents
  • Docket(#10) ANSWER to Complaint - (Discovery), with JURY DEMAND filed by Defendant State Farm General Insurance Company.(McGuire, Michael) (Entered: 07/06/2021)

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  • 06/30/2021
  • View Court Documents
  • Docket(#9) ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by October 8, 2021. (tj) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#8) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 06/30/2021)

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  • 06/29/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 06/29/2021)

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  • 06/29/2021
  • View Court Documents
  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alka Sagar. (car) (Entered: 06/29/2021)

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  • 06/28/2021
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  • DocketCONFORMED COPY OF COMPLAINT against Defendants Does 1 through 50, State Farm General Insurance Company. Jury Demanded, filed by Plaintiff Jean Jacques Darmon, Inc. Filed in State Court on 5/25/2021 Submitted with Attachment 1 to Notice of Removal #1 . (car) (Entered: 06/29/2021)

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  • 06/28/2021
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  • Docket(#5) CERTIFICATE OF SERVICE filed by Defendant STATE FARM GENERAL INSURANCE COMPANY, re Civil Cover Sheet (CV-71) #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Declaration #2 served on June 28, 2021. (McGuire, Michael) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#4) CIVIL COVER SHEET filed by Defendant STATE FARM GENERAL INSURANCE COMPANY. (McGuire, Michael) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Defendant STATE FARM GENERAL INSURANCE COMPANY, identifying JEAN-JACQUES DARMON, INC., dba 5ART GALLERY. (McGuire, Michael) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#2) DECLARATION of Michael J. McGuire re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant STATE FARM GENERAL INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Summons and Complaint)(McGuire, Michael) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#1) NOTICE OF REMOVAL from LOS ANGELES SUPERIOR COURT, case number 21STCV19774 Receipt No: ACACDC-31536621 - Fee: $402. (Attachments: #1 Exhibit 1 - Summons and Complaint) (Attorney Michael John McGuire added to party STATE FARM GENERAL INSURANCE COMPANY(pty:dft))(McGuire, Michael) (Entered: 06/28/2021)

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