What is negligent hiring of employees and agents?

Useful Rulings on Negligent Hiring – Employees and Agents

Recent Rulings on Negligent Hiring – Employees and Agents

JIN HONG VS MICHELLE KIM, ET AL.

(“Dinglasan”), Meein Medical Corporation dba Eben Ezer Medical Clinic and Does 1-20 for: Negligence Negligent Misrepresentation Fraud—Concealment Fraud—Intentional Misrepresentation Negligent Hiring, Training and Supervision Respondeat Superior Negligent Infliction of Emotional Distress Punitive Damages On July 13, 2020, Kim filed a cross-complaint, asserting causes of action against Plaintiff, Douglas Borthwick and Does 1-100 for: Civil Extortion Fraud Breach of Settlement Agreement Malicious

  • Hearing

JESSIE MEDINA VS. STATE READY MIX INC

(collectively, "State Ready Mix") for negligence and negligent hiring, retention, supervision, and training. Defendants filed a cross-complaint against Margarito and Juan Castro for implied indemnity, apportionment, and contribution, as well as declaratory relief. Jessie Medina is 17 years old. Cindy Medina will be 15 years old at the time of this hearing. Emily Medina is 12 years old and Luis Medina is 10 years old.

  • Hearing

LAUREN MARTINEZ VS COUGAR PAPER CORPORATION, ET AL.

BACKGROUND On January 30, 2019, Plaintiff Lauren Martinez (“Plaintiff”) filed a complaint against Defendants alleging motor negligence, negligent hiring, and negligent entrustment based on a motor vehicle accident that occurred on January 30, 2017. On November 3, 2020, Defendant Cougar Paper Corporation (“Defendant”) filed a motion to compel Plaintiff to appear for a physical examination. Trial is scheduled for October 21, 2021.

  • Hearing

JOE RELEFORD VS POSTMATES INC, ET AL.

“Liability for negligent hiring and supervision is based upon the reasoning that if an enterprise hires individuals with characteristics which might pose a danger to customers or other employees, the enterprise should bear the loss caused by the wrongdoing of its incompetent or unfit employees.” (Id. at p. 1339.) Plaintiff alleges the following in the FAC. On September 11, 2018, Defendant Kim collided a vehicle into Plaintiff’s vehicle. (FAC, ¶ 5.)

  • Hearing

JOE RELEFORD VS POSTMATES INC, ET AL.

“Liability for negligent hiring and supervision is based upon the reasoning that if an enterprise hires individuals with characteristics which might pose a danger to customers or other employees, the enterprise should bear the loss caused by the wrongdoing of its incompetent or unfit employees.” (Id. at p. 1339.) Plaintiff alleges the following in the FAC. On September 11, 2018, Defendant Kim collided a vehicle into Plaintiff’s vehicle. (FAC, ¶ 5.)

  • Hearing

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane JB Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1573), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NEFERTARI VS GRUPE MANAGEMENT

Bigelow’s motion for summary adjudication is granted as to plaintiff’s causes of action 1 (negligence), 3 (respondeat superior), 4 (negligent hiring and supervision), 5 (negligence per se), and 10 (negligent infliction of emotional distress). It is denied as to plaintiff’s cause of action 11 (UCL). Accordingly, the motion for summary judgment is denied as to plaintiff’s complaint.

  • Hearing

IYABO SAMUEL VS LYFT INC., ET AL.

BACKGROUND On April 23, 2019, Iyabo Samuel filed a complaint against Lyft Inc. and David Doe for (1) assault, (2) battery, (3) negligence, (4) negligent entrustment, (5) vicarious liability, (6) negligent hiring, training, and supervision, and (7) IIED. On July 5, 2019, plaintiff filed a FAC for (1) assault, (2) battery, (3) negligence, (4) vicarious liability, (5) negligent hiring, training, and supervision, and (6) IIED.

  • Hearing

DEREK GEORGE VS CITY OF AVALON

While it is not clear what damages Plaintiff claims as a result of his negligent hiring, retention, and supervision cause of action, it appears he is alleging he suffered emotional distress as a result of the negligence. Pursuant to Charles J. Vacanti, M.D., Inc. v. State Comp. Ins.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

JUDI BEDDOW, ET AL. VS ALTEC, INC.,, ET AL.

The FAC asserts causes of action for: Negligence; Negligent Hiring/Retention/Supervision/Training; Loss of Consortium; and NIED – Negligent Infliction of Emotional Distress. On January 31, 2019, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting Cupertino Electric, Inc. (“Cupertino”) as Doe 1. On February 14, 2019, Plaintiff dismissed Altec, Inc.; Altec Industries, Inc.; and Global Rental Co., Inc. without prejudice, leaving Defendants Cupertino and Barnes.

  • Hearing

DOE VS KEMPIAK, M.D

Plaintiff alleges the following causes of action: (1) medical malpractice (professional negligence) – all defendants (2) intentional infliction of emotional distress – all defendants (3) negligent hiring, retention, training, and supervision – Kaiser only (4) assault – all defendants (5) battery – all defendants (6) sexual harassment (Civil Code § 51.9) – all defendants (7) fraud – all defendants (8) intentional misrepresentation – all defendants (9) negligent misrepresentation – all defendants (10)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DOE VS KEMPIAK, M.D

Plaintiff alleges the following causes of action: (1) medical malpractice (professional negligence) – all defendants (2) intentional infliction of emotional distress – all defendants (3) negligent hiring, retention, training, and supervision – Kaiser only (4) assault – all defendants (5) battery – all defendants (6) sexual harassment (Civil Code § 51.9) – all defendants (7) fraud – all defendants (8) intentional misrepresentation – all defendants (9) negligent misrepresentation – all defendants (10)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

KARLA GOMEZ, ET AL. VS CITY OF LOS ANGELES, ET AL.

As such, Plaintiff’s cause of action for “negligent hiring, retention, supervision and discipline” is sustained with leave to amend. 2.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

DAVID ALOMATSI VS KINDRED HOSPITAL

BACKGROUND On June 21, 2019, plaintiff David Alomatsi (self-represented) filed a complaint against Kindred Hospital for (1) negligence/medical malpractice, (2) negligent hiring and retention, (3) NIED, and (4) IIED. On September 20, 2020, the court granted defendant’s motion for summary judgment. The court denied plaintiff’s request at the hearing to continue the hearing to conduct discovery or to amend the complaint. On September 28, 2020, a judgment of dismissal was entered.

  • Hearing

STEVEN PEISNER VS KECK HOSPITAL OF USC ET AL

Plaintiff alleges medical malpractice, medical battery, and negligent hiring, supervision and retention in the complaint arising from deficient treatment rendered on September 7, 2017. On June 1, 2020, Defendants filed a motion for summary adjudication pursuant to California Code of Civil Procedure section 437c. A trial setting conference is scheduled for November 17, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

VERA MAE RHYMES VS SHLOMO RECHNITZ , ET AL.

Second Cause of Action – Negligent Hiring and Supervision Alameda and Rockport contend that Plaintiff failed to allege facts as to which employee was negligent and what actions that employee took that caused Plaintiff’s injuries. (Demurrer at p. 9.) An employer may be liable to a third person for negligent hiring or retention when the employer hired an employee who was incompetent or unfit, the employer had reason to believe an undue risk of harm would exist because of the employment, and harm occurred.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

CYNTHIA L CONNER, ET AL. VS LYFT, INC., ET AL.

On April 22, 2019, plaintiffs filed a FAC for (1) dangerous condition of public property, (2) general negligence, (3) negligent hiring, retention, and supervision, (4) NIED, and (5) loss of consortium. Plaintiffs allege that Conner got pinned between two vehicles while attempting to enter the airport terminal at the arrivals level at LAX and sustained serious injuries.

  • Hearing

STEVEN PEISNER VS KECK HOSPITAL OF USC ET AL

Plaintiff alleges medical malpractice, medical battery, and negligent hiring, supervision and retention in the complaint arising from deficient treatment rendered on September 7, 2017. On June 1, 2020, Defendants filed a motion for summary adjudication pursuant to California Code of Civil Procedure section 437c. A trial setting conference is scheduled for November 17, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

E C VS EAST WHITTIER CITY SCHOOL DISTRICT

Plaintiff does not allege a cause of action for negligent hiring, supervision, or retention of the District’s staff. Instead, Plaintiff has only alleged a cause of action for negligent supervision of the Plaintiff and his assailant. The personnel records are therefore not directly relevant to Plaintiff’s claims. Motion is DENIED.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane GJ Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1473), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RANDALL VS. MANOR ON THE VINE, LLC

Defendant YG demurs to the fourth cause of action for negligence and the fifth cause of action for negligent hiring. To state a claim for negligence, plaintiff must allege that: (i) defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.)

  • Hearing

GRADY THOMAS VS LEIDOS, INC., ET AL.

Tenth Cause of Action for Negligent Hiring, Supervision, Retention Defendants demur to the negligence cause of action on the grounds that it is bared by the WCA exclusive remedy provisions.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

EDWARD CONTRERAS VS UVONNA DENISE ESKRIDGE, ET AL.

BACKGROUND On January 13, 2020, Edward Contreras filed a complaint against Uvonna Denise Eskridge, Kevin David Preus, Uber Technologies, Inc, and Rasier, LLC for (1) negligence, (2) negligent hiring/retention of an unsuitable employee, (3) negligent entrustment and supervision, (4) willful misconduct, and (5) vicarious liability based on a vehicle collision that occurred on January 11, 2019 with plaintiff’s motorcycle.

  • Hearing

JOEL VALDEZ VS UBER TECHONOLOGIES, INC., ET AL.

Plaintiff alleges motor vehicle negligence and negligent hiring, training, supervision, and retention arising from an automobile collision that occurred on August 23, 2017. On August 25, 2020, the Court dismissed Defendants Rasier-DC LLC and Rasier-PA LLC without prejudice. On October 26, 2020, Defendant Demirjian filed an ex parte application for leave to file a cross-complaint pursuant to California Code of Civil Procedure sections 426.50 and 428.50.

  • Hearing

JANE DOE VS SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., ET AL.

hiring, supervision, and retention, (14) wrongful constructive termination of employment in violation of public policy, (15) violation of Labor Code section 1102.5, and (16) intentional infliction of emotional distress.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

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