Tag Archive for: abraham-berger

Bench Trial Defense Judgment

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Following a three-day trial before the Hon. William G. Willete of the Los Angeles Superior Court, Torrance Courthouse, the Court ruled in favor of the Defense. Abraham Berger was lead counsel and Alexis B. Cruz was second chair at trial.

This matter arose out of the theft of a third-row seat from the plaintiff’s vehicle at a parking structure at the plaintiff’s employment at the Warner Center. The Warner Center property is owned and managed by Douglas Emmett 2000, LLC and the parking structures, consisting of over 6,400 spaces, are managed by ABM Parking Services, Inc. The plaintiff brought a Complaint for Negligence and Breach of Contract. The case centered on whether the defense breached a duty of reasonable care of the safety and security of the patrons at the property. In the instant matter, the plaintiff argued that the defendants breached their duty of care to the plaintiff in not having sufficient security measures at the Property which may have prevented the theft of the third-row seats in her vehicle. The plaintiff also argued that ABM breached its Parking Access Agreement by failing to provide reasonable security at the Property.

Following the close of the plaintiff’s case-in-chief, the defense moved for a Motion for Judgment under C.C.P. 631.8. The court granted the motion in its entirety, finding that plaintiff failed to sustain her burden to show a breach of the duty of care to her by the defendants and found that the evidence supported that the security measures were reasonable. If there was no breach, then there was no implied breach of the Parking Access Agreement. The court also found there was no breach of any express terms of the Agreement. In fact, the court found that the Agreement contained language which exculpated the defendants. As a result, the court agreed with the defense, granted the Motion for Judgment and dismissed the action.

Four from Murchison & Cumming Named Top Attorneys by Pasadena Magazine

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Pasadena Magazine

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Murchison & Cumming, LLP is pleased to announce that Senior Associates Abraham Berger and Mary C. Trinh and Associates Kelsey L. Maxwell and Georgiana A. Nikias have been selected to the 2016 Top Attorneys by Pasadena Magazine. Attorneys and judges from the San Gabriel Valley and metropolitan Los Angeles area cast votes for the lawyers who, according to their peers, are among the best in their practice specialties.

Mr. Berger focuses his practice on Construction Defect litigation, but is also involved in the General and Products Liability and Business Litigation Groups. He also has extensive experience representing clients in complex matters in Federal and State courts throughout the State of California where he has obtained favorable outcomes for a wide range of clients. Ms. Trinh is a member of the firm’s Emerging Risks & Specialty Tort Litigation, Products Liability, and General Liability practice groups, where she has defended and obtained favorable outcomes for a wide range of clients, including manufacturers, distributors, retailers, property owners and entertainment/media companies. Ms. Maxwell focuses her practice on the areas of general liability, and specialty tort including habitability and discrimination claims. Ms. Nikias is a member of the firm’s General Liability, Product Liability, Art and Cultural Heritage, Business Litigation, and Wildland Fire Litigation practice groups. Ms. Nikias has played a principal role in the defense of a number of high-profile, complex national matters.

The list was published in Pasadena Magazine’s December issue. Attorneys named in this year’s poll will be honored at a reception hosted by the magazine and attended by members of the Pasadena-area judiciary.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Nevada, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

LASC Grants Motion for Summary Judgment in Negligent Supervision / Civil Rights Case

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LASC Grants Motion for Summary Judgment in negligent supervision / civil rights case against local Charter school in a case handled by Michael B. Lawler, Lisa D. Angelo and Abraham Berger.

On April 22, 2010, a student was attacked by another student during school hours and in-between class periods. In a lawsuit filed by the injured student against the school nearly a year later, Plaintiff alleged numerous causes of action including assault and battery as to the student attacker, intentional infliction of emotional distress as to the Director of the school, negligent supervision and premises liability as to the school and Violtation of California’s Unruh Act and sexul harassment in violation of California’s Education Code 200 as to all defendants. After two years of litigation and numerous motions, Judge Teresa Beaudet of Department 92 granted defendant’s motion for summary judgment on the two remaining counts – negligent supervision and Violation of Education Code 200 – sexual harassment. The court held that defendant met its initial burden on summary judgment as it provided competent evidence the the attack was not foreseeable and an expert declaration containing several opinions that showed the school complied with all its policies and procedures, had a sufficient student to teacher / staff ratio on campus the day the incident occurred and met or exceeded the requisite standard of care for schools of simiar size and configuration on the day the incident occurred. The court further found that Plaintiff’s opposition to Defendant’s motion did not show that a triable issue of material fact existed as to any of the remaining claims as the only disputed facts noted were not “material” and because the court sustained Defendant’s objection to Plaintiff’s expert declaration as it was not supported by a CV and it did not contain any information about his qualifications.