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Torts
Negligence
Failure to Discharge Mandatory Duty

1957 Del Amo LLC, also known as 1957 Delamo LLC v. The County of Los Angeles, and Does 1 through 50, inclusive

Published: Feb. 4, 2017 | Result Date: Dec. 19, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC588817 Settlement –  $99,999

Court

L.A. Superior Central


Attorneys

Plaintiff

John Joseph Gulino
(Gulino Law Office)


Defendant

Sayuj Panicker
(Office of the County Counsel)


Facts

Plaintiff filed a complaint against the County of Los Angeles, claiming the Treasurer and Tax Collector wrongly canceled plaintiffs existing county business licenses resulting in the closing of plaintiff's topless bar business.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused the county of wrongfully canceling its existing business licenses for public eating and adult entertainment. Consequently, plaintiff was unable to operate its business for three months. Plaintiff lost income, business, and clientele during that time and beyond. Plaintiff asserted causes of action for failure to discharge mandatory duty, negligence, violation of right to free speech, violation of right to due process, violation of right to equal protection, and taking of plaintiff's property interest without due process.

DEFENDANT'S CONTENTIONS:
The county denied the allegations, and contended that plaintiff caused confusion with respect to its business licenses by submitting two separate business license applications with two different applicant names. Further, the county contended that plaintiff failed to adhere to the requirements of the Los Angeles County Code when it did not properly notify the county of a change in its corporation directors. The county asserted various affirmative defenses, including the doctrine of unclean hands, laches, and the failure to mitigate damages.

Result

The parties settled for $99,999.

Other Information

FILING DATE: July 29, 2015.


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