FOLLOW US

Tue

August 3, 2026

America December 5, 2024 3 mins read

California Court Rules No Defense for Massage Spa Owner in Abuse Claim

America ı By Rochdi Rais

0 Comments

640px-20181222_151_North_Franklin_from_Randolph

In a significant ruling, a California state appeals court affirmed that Continental Casualty Co. had no obligation to defend the owner and manager of a massage spa against sexual assault allegations under the terms of its commercial insurance policy. The court’s decision, handed down on Tuesday, interpreted the meaning of the phrase "care, custody or control" within the abuse exclusion, a first-of-its-kind interpretation in the state.

The appeal stemmed from claims filed by three women—Toiah Gordon, Morganne Mersadie Root, and Karina Carrero—who alleged that the spa owner, Zongwei Shen, sexually assaulted them during separate massage sessions. The plaintiffs sought coverage for a $6.8 million covenant judgment stemming from an arbitration settlement with Shen and his wife, Zhong Xin, who managed the spa.

In its ruling, a three-judge panel in the Second Appellate District rejected the claimants’ argument that Shen needed to have "exclusive or complete" control over them for the abuse exclusion to apply. The court found that Shen was responsible for the well-being of the plaintiffs during the massage sessions, thereby meeting the threshold for "care, custody or control."

Justice Gail Ruderman Feuer, writing for the panel, explained that the facts in the complaint indicated Shen held Gordon down with his body weight and pressure during the session, which placed her under his control. The court noted that the underlying case did not involve any other individuals in the room during the alleged incidents.

The plaintiffs also argued that the abuse exclusion should not apply to their negligent training claims against Shen and Xin. However, the court disagreed, concluding that negligent training is merely a variant of negligent supervision, and thus the exclusion would still apply.

As a result, the court affirmed summary judgment for Continental, ruling that the insurer had no duty to defend Shen or Xin, and consequently, no duty to cover the $6.8 million arbitration award.

The insurance dispute centers around a commercial policy issued by Continental Casualty Co. to Shen, doing business as Nobles Massage Spa, covering the period from October 2015 to October 2016. The abuse exclusion under the policy bars coverage for bodily injuries resulting from "actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured."

The plaintiffs filed their lawsuit in June 2019, alleging that Shen assaulted them between July 2016 and May 2018. Although Shen was convicted of false imprisonment in connection with Root's claims, he was acquitted regarding other allegations. By May 2021, a nearly $6.8 million arbitration award was confirmed against Shen and Xin, leading to the insurance coverage dispute.

This decision, which was influenced by similar rulings from other jurisdictions, marks a pivotal interpretation of insurance exclusions in California. The court cited cases like Valley Forge Insurance Co. v. Field (1st Cir. 2012) and Holiday Hospitality Franchising Inc. v. AMCO Insurance Co. (Indiana 2013) as guiding precedents.

Representing the Gordon plaintiffs are Christina M. Coleman and Michael Lee Cohen, while Continental Casualty Co. is defended by Steven M. Crane and Barbara S. Hodous of Berkes Crane Santana & Spangler LLP.

The case is Toiah Gordon et al. v. Continental Casualty Co., case number B329455, in the Court of Appeal of the State of California, Second Appellate District.

Previous Article

CFTC Hits Record $17.1 Billion in Enforcement Actions for Fiscal Year 2024

Read More
2760 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Mail Carrier Accused of Pocketing Stranger’s $2,600 Jackpot
By – Rihem Akkouche
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
California, Arizona, Nevada would face Colorado…

The Colorado River has been running low for years, and…

By – Rihem Akkouche
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter