Wendy Robinson v. Shellpoint Mortgage Servicing, et al.

At bar, Plaintiff contends that Defendant Carroll engaged in a series of omissions on the day in question that rise to the level of gross negligence, reckless misconduct, criminal misconduct, or conscious, flagrant indifference. See 5/26/26 Opposition at 3:12-4:25, 5:1-5:4, 5:10-14, 6:2-6:3 (and citations therein). The Court is not persuaded.

There is no evidence that Defendant was tasked with or actually assumed supervision of Lenny. There is no evidence that Defendant interacted with Lenny before the incident, knew anything about any dangerous propensities for the dog, or had any reason to anticipate the dog would attack Plaintiff. There is no evidence that Defendant placed or permitted Lenny to be in the staff area. At best, Defendant Carroll’s claimed failures, e.g., to notify staff that watching a dog was not her responsibility, or to notify staff she lacked training how to handle a dog like Lenny, etc., would constitute potentially negligent acts.

On the record presented, Plaintiff has presented no evidence which creates an issue of material fact as to whether Defendant Carroll acted with the requisite mens rea, that is, willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of Plaintiff. Absent the same, the liability protections or immunity of the Volunteer Protection Act apply to Defendant.

3. CU0002023 Wendy Robinson v. Shellpoint Mortgage Servicing, et al.

One of the parties apparently reserved this date for the filing of a motion; none was filed. This matter is removed from calendar.

4. CU0002418 Andrew Ehlers v. Brandon Murray, et al.

Defendant’s motion to compel mediation and stay proceedings pending mediation is denied.

Defendants, property owners, argue that the parties’ agreement “contains a dispute resolution provision requiring that any disputes arising between the parties be submitted to mediation prior to the initiation of litigation or arbitration.” As such, Defendants seek an order compelling the parties to participate in mediation pursuant to Code of Civil Procedure section 1281.2. The Court is not persuaded.

The Dispute Resolution clause states: At the sole election and option of Owner, in writing to Contractor, all claims, disputes and matters in question arising out of, or relating to this Agreement or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, shall be decided by the claim’s procedure. No claims or disputes between Owner and Contractor shall be arbitrated unless separately elected in writing by Owner at its sole election, option and discretion, in which case, binding arbitration shall take place before the American Arbitration Association under its Construction Industry Rules.