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The first extraordinary growth stock investors can confidently scoop up during the Nasdaq bear market decline is theme park operator and content behemoth Walt Disney (DIS -0.76%). If you're scratching your head and wondering why Disney qualifies for a growth stock list, look no further than Wall Street's 13% compound annual sales growth rate forecast for the company through the mid-decade.
What makes Walt Disney such a magical company for investors is its ability to engage and connect with people from all generations. Its theme parks bring families and friends together, while its movies and proprietary content can allow grandparents and grandchildren to be wrapped up in the same dream. Few companies on the planet have the ability to connect with people and traverse generational gaps quite like Disney -- and that's simply not replicable by other entertainment companies.
When most people think of online retail sales in China, they probably think of Alibaba, the leading e-commerce provider. However, Alibaba's platform is almost entirely based on a third-party marketplace. Comparatively, JD's marketplace is mostly built as a direct-to-consumer model, just like Amazon. With JD handling both inventory and logistics, the company is able to exert more control over its operating margins, as well as avoid the ire of Chinese regulators, which have already cracked down on Alibaba.
The Plaintiff owns a residence located in Canoga Park, California. On January 17, 1994, the Northridge earthquake struck Southern California. At that time, the Plaintiff was living in New Mexico, but residing temporarily in Houston, Texas. The property at issue was being occupied by tenants. Immediately after the earthquake, either that day or the next day, the Plaintiff phoned the tenants to inquire about the damage. The Plaintiff was informed that the water heater had fallen over and items had fallen from shelves, \"but there was no big cracks [sic] or ... no major big problems.\" Mot. Exh. 4 at 35. The Plaintiff did not inquire whether the tenants had done any sort of an inspection or walk through. Gruber Decl. Exh. 3. at 22. Two or three days after the earthquake, the Plaintiff's son went to the property. The Plaintiff's son was informed of the problem with the water heater. He was also made aware that there was a problem with the back door and that a block wall on the property had shaken loose. Mot. Exh. 6. The Plaintiff's son did not ask whether the interior of the house had suffered any damage nor did he ask to go inside the house in order to inspect the interior for earthquake damage, even though he believed that the house had suffered earthquake damage. Mot. Exh. 8. The Plaintiff did not report the damage to the Defendant.
The Plaintiff did not enter the house until August, 1995, when the tenants vacated the residence. At that time, the Plaintiff noticed cracks in the bedroom ceiling and in the drywall. Gruber Decl. Exh. 5 at 27. Moreover, the Plaintiff's son, who had entered the house with his father, noticed a \"substantial number\" of cracks at the windows and around the doors, as well as in the ceiling and around the exterior of the stucco. Mot. Exh. 11 at 56. The Plaintiff did not report this damage to the Defendant and instead spackled and painted over the cracks. Gruber Decl. Exh. 5 at 27.
The Plaintiff re-entered the house in December, 1995, after the new tenants had been evicted. At that time he decided to replace the carpet. Upon lifting the carpet, cracks in the slab were discovered. Gruber Decl. Exh. 9 at 31. The Plaintiff informed the Defendant of the damage on January 2, 1996. According to the Plaintiff, the earthquake caused approximately $134,000 in damage to the residence. Mot. Exh. 15, 16. On February 2, 1996, the Defendant denied the Plaintiff's claim because, according to the Defendant, the claim was not timely made under the provisions of the policy. The instant Complaint followed.
The Court concludes that the Plaintiff was not \"diligent in the face of discovered facts.\" The Plaintiff obviously was aware of the earthquake of January 17, 1994. Moreover, it was common knowledge that the earthquake was particularly large in magnitude and destruction. In spite of these facts, and in spite of the fact that the Plaintiff's tenants informed him of some damage to the residence, the Plaintiff failed to enter the home and inspect it. The Plaintiff did not require that the tenants themselves walk through the house and document the damage, settling instead for their report that there were no big cracks or big problems. The Plaintiff's son went to the property, observed damage that he believed was caused by the earthquake and yet failed to ask the tenants for access to the interior of the home. This is simply not diligent behavior.[2]
[2] The Plaintiff cites Abari, 205 Cal. App. 3d at 535, 252 Cal. Rptr. 565, for the proposition that \"[i]t is conceivable the cracks were trivial, so that [Plaintiff] was not alerted to the gravity of the damage.\" However, the facts of Abari were substantially different. That case involved cracks that progressively worsened over a period of years. In this case, the cracks appeared virtually overnight, as a result of a forceful earthquake, such that it was not reasonable that the Plaintiff did not suspect that the damage might be more serious. Moreover, in spite of the language quoted above, the court in Abari actually held that the plaintiff was on notice from the time that he first noticed the damage. Id.
[4] The Plaintiff argues that the fact that neither he nor his son inspected the interior of the house immediately after the earthquake is essentially a red herring. That is, the Plaintiff points out that even when he did eventually enter the house in August, 1995, he still did not report the damage because he deemed the various cracks he observed to be minor.
However, as to the duty to investigate, \"[s]ubjective suspicion is not required. If a person becomes aware of facts which would make a reasonably prudent person suspicious, he or she has a duty to investigate further and is charged with knowledge of matters which would have been revealed by such an investigation.\" Mangini v. Aerojet-General Corp., 230 Cal. App. 3d 1125, 1150, 281 Cal. Rptr. 827 (1991). The Plaintiff's contention that he would not have made a report even if he had entered the house is not persuasive. At that point, the Plaintiff would have been aware of the damage to the water heater, block wall, and back door, as well as many cracks inside the home, including \"one large crack in the bedroom.\" Opp. at 5. It would not be reasonable to stop investigating there, without at least having inspected the foundation for cracks.
Some attributed this to its sonic difference with its predecessors, however, Mike Patton credits it to being \"better at playing what [they] hear in [their] heads\"[6] and went on to say that \"before, we used to kinda cheat around, and play around what it was. We could never translate it into the band, and we're getting better at doing that. Like, we wanted to do a real lazy, sappy kinda ballad, so we covered the theme from Midnight Cowboy! And there's even a song that sounds like The Carpenters!\"[6] In a trend that started when then-vocalist Chuck Mosley lived in Los Angeles while the rest of the band resided in the Bay Area, the band would record demo tapes of the songs and exchange them between each other in Los Angeles before sending them to Jim Martin so that he could work on his guitar arrangements, after which he would send them back for approval.[17]
The lyrics for Angel Dust were written for the most part by vocalist Mike Patton. He got his inspiration for the lyrics from many different places such as questions from the Oxford Capacity Analysis, fortune cookies and late-night television. After engaging in a sleep deprivation experiment, he wrote \"Land of Sunshine\" and \"Caffeine\":[6] \"I drove around a lot in my Honda, drove to a real bad area of town, parked and just watched people. Coffee shops and white-trash diner-type places were great for inspiration.\"[18]
The songs \"Malpractice\" and \"Jizzlobber\" have been called \"art-damaged death metal\" and \"nerve-frazzling apocalyptic rock\" by contrast with the \"accordion-propelled\" Midnight Cowboy theme cover that follows.[47] AllMusic calls the album a \"bizarro masterpiece\", citing the vocals as \"smarter and more accomplished\" than its predecessor The Real Thing.[39] It gave the album 4.5 stars out of 5, calling it one of their album picks.[39] Kerrang! was less enthusiastic, considering Angel Dust's variety of styles \"a personality disorder, of sorts, which undermines its potential greatness\".[41] In 1992, Spin commented that \"there are slow, scary songs, and not as much funk-metal thrash as the average fan would expect.\"[52]
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