Johnson v. Medranos Restaurant
The trial court denied a motion under Code of Civil Procedure section 473 by appellant NIC Insurance Company (NIC) to set aside the judgment in respondent Michael Johnsons action against NICs insureds. Court reverse.
Johnson initiated the underlying action against Manuel Medrano, Jose Medrano, Bobby Bates, and Medranos Restaurant on March 7, 2003. His first amended complaint (FAC), which was filed on March 28, 2003, alleged that Bates was employed as a bouncer at Medranos Restaurant, which was owned by Manuel and Jose Medrano. According to the FAC, Johnson was a customer at Medranos Restaurant on January 3, 2003, when he was negligently ejected from the restaurant and suffered injury as a result. It further alleged that on that date, Bates did intentionally, negligently, willfully, maliciously, wrongfully, and without probable cause, provocation, or legal justification, accost, assault, batter and injure Johnson. The FAC asserted a claim for assault and battery against Bates, a claim for negligent supervision, hiring, and training against Jose and Manuel Medrano and Medranos Restaurant, and a claim for negligence and premises liability against all the defendants.
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