Burglary loss case dismissed against Johnson Control in CA/ webinar and private meeting registration March 10, 2025

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Burglary loss case dismissed against Johnson Control in CA/ webinar and private meeting registration
March 10, 2025
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Burglary loss case dismissed against Johnson Control in CA
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Johnson Control installed and monitored a burglar alarm in a jewelry store. Burglars entered the store through an unprotected wall, gaining access by removing a toilet in an adjacent store and coming through the wall; they promptly destroyed the panel and no signal was sent, or received. Customer sued. Johnson relied on its contract and the facts, both of which established that there should be no liability. A motion for summary judgment was successful. I recite the facts below, and the entire case is found on the K&K website under Leading Cases, California https://www.kirschenbaumesq.com/page/alarm-law-issues

California happens to be one of the better states to litigate alarm defense cases. The Johnson contract provisions, which the judge quotes from in the decision, is weak and I think may receive far greater scrutiny and criticism than it did in this case. The reason for this is that California, as mentioned, generally enforces the alarm protective provisions. But note an interesting statement in the decision:

“Plaintiff purportedly allowed the discovery deadlines to expire without conducting any discovery or naming any experts. On October 24, 2024, Defendant filed the instant Motion, arguing that Plaintiff's claims have no basis in fact.”

Johnson met its initial burden of proof when it presented its contract and established that it received no signal. Apparently the facts surrounding the burglary were not in dispute and the contract established Johnson’s contractual obligations and duties. The Plaintiff, by not having an expert opine on what Johnson did wrong, sealed its fate; no case against an alarm company alleging negligence should survive without expert testimony that the alarm company did something wrong unless it’s some obvious mistake,absent in the facts of this case.

          Here are the facts from the case; the entire case is on K&K website.
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On February 7, 2019, Jewelry Designs and Johnson Controls entered into a commercial sales agreement (the“Agreement”), whereby Johnson Controls agreed to install and monitor a security alarm systemin Jewelry Designs' store. The Agreement provides that “Johnson Controls agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, theSystem, on the terms and conditions set out in this Agreement.”Among the equipment to be installed was a Honeywell IP and GSM (4G) Digital Cellular Communicator. Id. The “TOTAL INSTALLATION CHARGE” was$1,045.92, and the “TOTAL ANNUAL SERVICE CHARGE”was $2,726.89. The Agreement states that “if an alarm signal registers at Johnson Controls' alarm monitoring center(“CMC”), Johnson Controls will endeavor to notify the appropriate Police or Fire Department and if required by local law, the Customer's designated representative.” The Agreement further provides, “If a burglar alarm signalor fire signal registers at Johnson Controls' CMC, Johnson Controls at its sole discretion may endeavor to contact the Customer's premises by telephone to verify that the alarm is not false.”
    Between February 7, 2019, until May 4, 2023, Johnson Controls monitored the alarm system, and the alarm system worked as designed. On May 4, 2023, an unknown burglar entered the Jewelry Design store via the women's restroom in the adjacent restaurant, BagelMe, by removing a toilet and cutting a hole in the wall. The burglar entered Jewelry Design's store through a cabinet and then disabled the security alarm. As a result, Johnson Controls did not receive a signal on the night of the burglary. The burglary resulted in the purported theft of merchandise and raw gold, as well as damage to the premises.
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Webinars:  All webinars will be recorded and available on the K&K website at https://www.kirschenbaumesq.com/page/alarm-webinars and are available on Podcasts at https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477

March 11, 2025 noon ET. WorkHorse: CRM, ERP, and Billing solution built for the Alarm Industry
WorkHorse: https://workhorsescs.com/
Presenters:  Steven Hayes, President and Anthony Sposato, Business Development Manager
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Discover WorkHorse—the most integrated CRM, ERP, and Billing solution built for the Alarm Industry. Meet our team at ISC West and see how we can streamline your business!
Register Here: https://attendee.gotowebinar.com/register/5698201864401899868
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March 13, 2025 noon ET Becklar Monitoring: professional central station monitoring
Becklar Monitoring: www.becklar.com
Presenters: Troy Iverson SVP Monitoring, Spencer Moore SVP Workforce Safety and Daniel Forrest President of Becklar Video
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Becklar Monitoring "The Critical Event Monitoring Leader".
Visit us at ISC West at Booth # 25109 and come relax by getting a drink, snack and neck/back massage in our meeting room which is located just off the show floor in Titian Suite meeting room 2202.
Register Here: https://attendee.gotowebinar.com/register/7534119101462459484
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March 18, 2025 noon Mitch Reitman. Accounting and tax issues
Mitch Reitman, Reitman Consulting  MReitman@Reitman.US  817-698-9999 ext.101 http://WWW.Reitman.US
Presenter: Mitch Reitman
Hosted by: Ken Kirschenbaum
Topic:  Sales Tax and Entity Selection for Security, Fire, and Integration Companies.
Did you know that many states have special rules regarding sales tax for burglar and fire alarm monitoring service? Don’t feel bad, neither do most accountants. States may also have special provisions for commercial install, service, inspections, residential install, interactive service, cellular units, and a host of other services.   One thing that is consistent, and for certain, is that if your company doesn’t treat a sales tax situation the proper way, the State will most certainly expect your company, not your customers, to pay the tax.
Mitch Reitman will discuss sales tax and the alarm and integration industry. You will learn the difference between tax code, interpretations by taxing authorities, case law, and technical rulings. Sales tax audits are much more common then IRS Audits.   Even if you have gotten some bad advice, being in compliance when the auditor walks in the door can save you a lot of grief.
Hopefully you have chosen the correct entity (Corporation, LLC, Limited Partnership, etc…) for legal protection for your company. Did you know that the IRS looks at each entity differently. Did you also know that it is possible to be taxed as a different entity in some situations, and that this can lessen your chances of an audit? Mitch will give you some insight into proper entity selection for tax purposes based upon your mix of business.
Register Here: https://attendee.gotowebinar.com/register/6702706891533205338
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March 19, 2025 noon ET Fieldhub: software for security and fire alarm integrators
FieldHub: www.fieldhub.com
Presenter: Miles Fawcett, CEO of FieldHub
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn all about Fieldhub’s all-in-one software built specifically for security and fire installers and integrators. FieldHub handles a huge range of key functions, including accounting, RMR billing and invoicing, as well as being a very strong CRM and dispatching platform, among other things! Sign up for the webinar and come meet the FieldHub team at booth #31087 at ISC West.
Register Here: https://attendee.gotowebinar.com/register/7273615110028492128

March 20, 2025 noon ET Microkey: software solutions for alarm dealers
Microkey: www.microkey.com
Presenter: Victoria Ferro, President of Micro Key Solutions.
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Micro Key Solutions: Your Key to Profitability & Performance. 40 Years of Innovation – Built for Alarm Dealers Like You. "The Industry is Changing – Are You Ready?" Meet us at ISC West Booth 35056.
Register Here: https://attendee.gotowebinar.com/register/6639386016801826908

March 21, 2025 noon ET Actuate: remote video monitoring
Actuate: www.actuate.ai
Presenter: Brian Karas - Brian.karas@actuate.ai
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Actuate AI. How to drive growth and efficiency in your remote video monitoring portfolio by reducing spam events and adding new video monitoring options. Actuate will be in the AI Discovery Zone at ISC West and is hosting exclusive events for monitoring stations and dealers in the video monitoring business. Contact Brian Karas direct at 603-315-7877 or Brian.karas@actuate.ai
Register Here: https://attendee.gotowebinar.com/register/5007385305740522592

March 24, 2025 noon ET NMC: professional monitoring center
National Monitoring Center: www.nmccentral.com
Presenters:  Tatiana Abramek, Senior Sales Executive with special guest Nicola Oakie, Vice President of Sales, Netwatch North America
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about National Monitoring Center’s leading proprietary technology to bring innovative solutions. Contact Tatiana Abramek, Senior Sales Executive, NMC, at 949-877-226 or tabramek@nmccentral.com and Nicola Oakie, Vice President of Sales, Netwatch North America
at 702-816-1974 or noakie@netwatchusa.com
Register Here: https://attendee.gotowebinar.com/register/4188331606419621213
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March 25, 2025 noon ET Security Central: professional monitoring center
Security Central: www.security-central.com
Presenter:  TBD
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about Security Central’s cs operation and why you should have your accounts with us
Register Here: https://attendee.gotowebinar.com/register/3887630569385895772

March 27, 2025 noon ET Dynamark: professional monitoring center
Dynamark: www.dynamarkmonitoring.com
Presenter: Trey Alter, CEO. talter@dynamarkmonitoring.com  301-745-1602
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: The Future of Monitoring: Evolution or Revolution: A look into the changing dynamics of monitoring centers including size, service offerings, technology, and pricing. Also, a special section on how technology is changing the way monitoring centers, dealers, and their customers communicate with one another. Find out how Dynamark has evolved and the investments it is making for the future. Dynamark is hosting dinners in Las Vegas instead of a booth and to participate or arrange visit to either of Dynamark’s monitoring centers contact Trey Alter at 301 745 1602 or talter@dynamarkmonitoring.com.
Register Here: https://attendee.gotowebinar.com/register/4864481779478912605
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Private and Group FREE meeting - schedule now available
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Schedule a free private meeting while at ISC. Meetings will be at the Prestige Lounge at the Palazzo. Time is limited so book now. Contact Kathleen Lampert at 516 747 6700 x 319; for last minute booking or to change appointment while at ISC contact Stacy Spector at 516 987 8428.

Private Meetings with Ken Kirschenbaum, Esq.
Discuss contracts, buying and selling, legal and business issues, disputes, or just come and meet Ken in an informal setting.
Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment
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Private Meetings with Rory Russell of AFS:
Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting. You can contact Rory direct at 518-366-5111. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Rory. Call Stacy Spector at 516 987 8428.
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Private Meetings with Mitch Reitman, President of Reitman Consulting Group Inc. Discuss accounting, tax, due diligence, valuation issues.  Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428. You can reach Mitch at MReitman@Reitman.US or 817-698-9999 ext.101 http://WWW.Reitman.US
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Group Meetings:  See schedule below. Space limited. Reserve your spot by calling Kathleen Lampert at 516 747 6700 x 319 or Stacy Spector at 516 987 8428.

April 1. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
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April 1. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group
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April 2. Group Meeting: 10:00 am to 11:00 am - "Selecting the best insurance carrier and what is trending with claims"
Learn for yourself the differences of various insurance carriers. Understand why some are better than others. We will discuss what is trending with claims in the security industry and tips to limit your liability when an incident arises. Group meeting conducted by Shawn Iverson of The Insurance Center. You can also meet Shawn at The Insuarance Center booth.
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April 2. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.

April 3. Group Meeting 11am to 12 pm. Buying or selling your security business. Group meeting conducted by Ken Kirschenbaum.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com