What is negligent hiring of employees and agents?

Useful Rulings on Negligent Hiring – Employees and Agents

Recent Rulings on Negligent Hiring – Employees and Agents

PAOLO REGINALDO VS EDWARD JOHN ANTHONY DERANEY, ET AL.

Plaintiff alleges negligence, battery, and negligent hiring, supervision and retention arising from an incident where Defendant Edward John Anthony Deraney struck Plaintiff and caused Plaintiff to fall off a motorcycle on June 28, 2019. On March 4, 2020, Defendants David Wachtel III, Carolyn Wachtel, Wachtel Family Trust, and Wachtel & David III filed a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b).

  • Hearing

    Jul 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SALAZAR VS. KB HOME COASTAL, INC.

(“Defendant”) moves for summary judgment against Plaintiff Jose Luis Arias Salazar (“Plaintiff”) as to all causes of action in the Complaint, or in the alternative, for an order adjudicating that Defendant is entitled to judgment on the 1st COA for general negligence; 2nd COA for negligent hiring, supervision or retention of employee; and 3rd COA for premises liability.

  • Hearing

    Jul 16, 2020

NICK HERNANDEZ VS COMMERCIAL CLEANING SYSTEMS, ET AL.

The Complaint asserts causes of action for (1) breach of express contract, (2) breach of implied-in-fact contract, (3) negligent hiring, supervision, and retention, (4) wrongful termination in violation of public policy, (5) violation of Labor Code section 1102.5, and (6) intentional infliction of emotional distress. The Complaint alleges in pertinent part as follows. Plaintiff began working for Entity Defendants[1] as an Account Manager on October 6, 2016.

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

CHRISTIAN CARRANZA VS DAVID PHILLIP MEYI, ET AL.

The complaint alleges negligence, gross negligence, negligent hiring, supervision and retention, and intentional infliction of emotional distress for an automobile collision that occurred on February 8, 2017. On March 6, 2020, Defendant Lyft, Inc., filed a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b). A trial setting conference is scheduled for March 24, 2021. PARTY’S REQUEST Defendant Lyft, Inc.

  • Hearing

    Jul 14, 2020

GHOULIANCE & GHOULIANCES INC VS ONE RESTAURANT SOURCE LLC

(“Plaintiff”), in pro per, filed an action for fraudulent deceit, breach of contract, fraud/intentional misrepresentation, breach of fiduciary duty, negligent hiring, retention, and supervision, negligence, and breach of express and implied warranty against Defendant One Restaurant Source, LLC (“Defendant”). Plaintiff filed a proof of service demonstrating that Defendant was served by substituted service on November 12, 2019. (11/21/19 Proof of Service.)

  • Hearing

    Jul 14, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

C AYRAPETYAN VS GLENDALE UNIFIED SCHOOL DISTRICT ET AL

procedural history Plaintiff filed the Complaint on May 7, 2018, alleging five causes of action: Negligence (Vicarious Liability) Negligent Hiring, Training, Supervision, and Retention of Employees Assault and Battery Premises Liability Intentional Infliction of Emotional Distress On September 10, 2018, Plaintiff dismissed Defendant City of Glendale.

  • Hearing

    Jul 14, 2020

STEPHANE DRAI VS ITSICK SABAG, ET AL.

hiring, supervision, and retention, constructive trust, and negligence against Defendants Itsick Sabag (“Sabag”) and Arlette Sabag Zaguri (“Zaguri”) (collectively, “Defendants”).

  • Hearing

    Jul 14, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

GUADALUPE M LOPEZ VS EL MONTE CITY SCHOOL DISTICT ET AL

(“APM”) and Does 1-100 for: Negligence Violation of Government Code Secs. 815.4, 815.2 and 835 Negligent Supervision Negligent Hiring and/or Retention On April 26, 2017, Plaintiff dismissed Thompson, without prejudice.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LINDA MENDOZA RAZO VS JIMMY HANG, DPT

Negligent Hiring/Retention 8. Negligent Failure to Warn, Train, or Educate 9. Public Entity’s Liability Based on the Torts of Government Employees (Gov’t Code 815.2) RULING: The demurrer is sustained with 20 days leave to amend.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ART HERNANDEZ, ET AL. VS COUNTY OF LOS ANGELES, A MUNICIPAL ENTITY, ET AL.

They may also help prove negligent hiring, training, supervision, and retention. (2) The disciplinary records of 33 other individuals described as Banditos gang “prospects and associates” of the individual Defendants: these are sought for the same reasons as category 1. (6) All transcripts, recordings, written communications, and the final report regarding LASD’s investigation of Angelica “Pink Hand” Estrada: these are sought for essentially the same reasons as category 1.

  • Hearing

    Jul 09, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LAWRENCE CHIBUEZE, ET AL. VS TELOPS INTERNATIONAL, INC., ET AL.

The Complaint alleges causes of action for: Fraud by intentional misrepresentation and concealment; Negligent hiring and supervision; Slander of title; Trespass to land; Promissory estoppel; and Unfair competition (Bus. & Prof. Code § 17200 et seq.) Plaintiffs allege causes of action three, four, and six against Ygrene.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

JANE N.R. DOE, ET AL. V. LUCIA MAR UNIFIED SCHOOL DISTRICT, ET AL.

This lawsuit asserts causes of action for (1) negligent hiring, supervision, and retention (against Lucia Mar); (2) breach of mandatory duty (against Lucia Mar); (3) sexual harassment (against all Defendants); (4) sexual harassment in educational setting (against Lucia Mar); (5) intentional infliction of emotional distress (against all Defendants); (6) sexual battery (against Mr. Magdaleno); (7) battery (against Mr. Magdaleno); and (8) assault (against Mr. Magdaleno).

  • Hearing

    Jul 09, 2020

PETRA TREVIZO HERNANDEZ V. NOVELLES DEVELOPMENTAL SERVICES, INC.

Negligent Hiring/ Supervision; 3.) Violation of Elder & Dependent Adult Abuse Act; 4.) Statutory Penalties & Fees; 5.) Punitive Damages. First Amended Complaint filed 2/25/20. Defendant filed a demurrer/ motion to strike set to be heard on July 8, 2020. Defendant Novelles Developmental Services, Inc. filed Chapter 11 bankruptcy in the U.S. Bankruptcy Court of the Central District of California, Case No. 9:20-bk-10553-DS. Automatic stay (of State) action in effect.

  • Hearing

    Jul 08, 2020

HAROLD FIGUEROA ET AL VS AT&T CORPORATION ET AL

The FAC asserts causes of action for (1) strict product liability – failure to warn, (2) negligence – product liability, (3) negligent entrustment, (4) negligent hiring and retention, (5) premises liability, (6) negligent provision of required safeguards, (7) negligence – peculiar risk of harm, (8) wrongful death, and (9) negligent infliction of emotional distress. The FAC alleges in pertinent part as follows. All Access and JLG manufacture and supply telescopic boom lifts.

  • Hearing

    Jul 08, 2020

ASHLEY GONZALEZ VS CITY OF LOS ANGELES ET AL

Defendant moves for summary judgment on the following grounds: (1) Plaintiff’s negligence cause of action is untenable as a matter of law; (2) Defendant is immune from liability under Government Code sections 845 and 815.2; (3) Defendant is immune from liability under Government Code section 830.6; (4) There was no dangerous condition of public property; and (5) Plaintiff’s claim for negligent hiring, training, and supervision is untenable as a matter of law.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ESTATE OF ZELALEM ESHETU EWNETU ET AL VS COUNTY OF LA ET AL

The operative Second Amended Complaint was filed on December 17, 2018, and asserts causes of action for negligence (wrongful death), violation of Civil Rights under the Bane Act, negligent hiring, training, and supervision, and battery. This lawsuit arises out of the shooting death of Zelalem Ewnetu by Sheriff’s Department deputies on April 12, 2017.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DARRYL LA BAT ET AL VS SAVECAL

Century Construction West’s demurrer to the ninth cause of action is SUSTAINED WITH 10 DAYS LEAVE TO AMEND for the same reasons stated in conjunction with SaveCal’s demurrer Seventh Cause of Action for Negligent Hiring, Retention and Supervision The fire occurred on February 10, 2017 and plaintiff filed this action on July 3, 2018. The FAC is based on the same set of facts, same injury and refers to the same instrumentality. As such, plaintiffs’ negligent hiring claim is not time-barred.

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

IN THE MATTER OF: NAKIA ROUSIE , ET AL.

With respect to Plaintiff’s proposed cause of action for negligent hiring, the Court notes that there are two allegations of negligent hiring in Paragraph 69 and Paragraph 74. Insofar as Plaintiff attempts to assert a claim for negligent hiring with respect to Government Code section 845.6, the Court reiterates that Plaintiff’s pre-litigation claims are too narrow to encompass any claim relating to a failure to provide medical treatment.

  • Hearing

    Jul 06, 2020

IN THE MATTER OF: NAKIA ROUSIE , ET AL.

With respect to Plaintiff’s proposed cause of action for negligent hiring, the Court notes that there are two allegations of negligent hiring in Paragraph 69 and Paragraph 74. Insofar as Plaintiff attempts to assert a claim for negligent hiring with respect to Government Code section 845.6, the Court reiterates that Plaintiff’s pre-litigation claims are too narrow to encompass any claim relating to a failure to provide medical treatment.

  • Hearing

    Jul 06, 2020

LIZA KATHRYN WOMACK VS FIRST ACCESS ENTERTAINMENT, LLC, ET AL.

Negligent Hiring/Retention and Negligent Supervision/Failure to Warn In support of the second cause of action for negligent hiring/retention, Plaintiff alleges that the FAE Defendants had a duty to not hire and/or retain Ortega, Mercer, Daisy Quin, and Steve Paul, given their allowance, promotion of, and propensity to engage in the provision of illegal drugs. (FAC, ¶ 46.) Daisy Quin and Steve Paul are alleged to be employees of the FAE Defendants who were their “boots on the ground.” (FAC, ¶¶ 22, 24.)

  • Hearing

    Jul 06, 2020

KATHLEEN MARAZONI VS LOS ANGELES COUNTY METROPOLITAN

The complaint alleges negligence, negligent hiring, and negligent retention arising from a bus colliding into Plaintiff while she was in a motorized wheelchair on May 9, 2018. On April 8, 2020, Defendant filed a motion to compel Plaintiff’s deposition pursuant to California Code of Civil Procedure section 2025.450. Trial is set for August 25, 2020.

  • Hearing

    Jul 06, 2020

HIBBS V. COUNTY OF ORANGE

The second cause of action is for negligent hiring and retention. The County argues no such cause of action can be stated against it, citing de Villers v. County of San Diego (2007) 156 Cal.App.4th 238. The plaintiff does not address this argument, nor the case cited in her opposition, and is therefore deemed to have conceded the point. The plaintiff attaches a proposed second amended complaint to show she has the ability to amend to state a cause of action on this theory.

  • Hearing

    Jul 02, 2020

OROZCO VS. LYFT, INC.

Motion for Leave to file a First Amended Complaint Plaintiff Olyvia Orozco seeks an order allowing her to file a First Amended Complaint which adds Uber Technologies, Inc as a named defendant and adds two new causes of action for negligent hiring, retention, training, and supervision and strict product liability against both Uber Technologies, Inc. and Lyft, Inc. The courts are liberal in allowing amendments in order for lawsuits to be determined on their merits. (See Desney v.

  • Hearing

    Jul 02, 2020

JONATHAN ROJAS VS ORION PLASTICS CORPORATION, A CALIFORNIA CORPORATION, ET AL.

The Complaint alleges the following causes of action: Negligence; Products Liability; Breach of Warranty; and Negligent Hiring, Retentions, Training, and Supervision. Davis-Standard now moves to quash service of the Summons and Complaint. Concurrently, Orion moves for summary judgment. Rojas opposes both motions. For the reasons set forth below, the Court grants the motion to quash and denies the motion for summary judgment.

  • Hearing

    Jul 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

JANE DOE, ET AL. VS EMPLOYERS HR, LLC, ET AL.

Ninth Cause of Action: Negligent Hiring, Supervision, and Retention Defendant Lyneer contends that the ninth cause of action fails because (1) Plaintiffs fail to allege that Defendant Lyneer knew or should have known that its hired employees would submit Plaintiffs to discrimination and harassment and (2) this cause of action is barred by the workers compensation rule.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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