Disposed - Dismissed
Personal Injury - Motor Vehicle
Anchor General Insurance Co.
Martinez, Angel Gustavo
Gomez, Beata Garcia
Louro, Jenny R, Attorney
Minute Order Attachment; Comment: 60-Day Continued OSC
Filed Stipulation for Commissioner Pebet
Notice of Hearing; Comment: RE: Hearing of 60 day Continued OSC 4/26/19.
Proof of Service; Comment: re: Service by Mail
Declaration; Comment: of Joseph M. Pleasant Esq. Re: Order to Show Cause
Declaration; Comment: of Joseph M Pleasant Esq. Regarding Order to Show Cause
Request to Enter Default
Request for Entry of Default; Comment: Without Judgment Via E-File
09/23/2021: Request for Dismissal
09/23/2021: Proof of Service
04/23/2021: Minute Order Attachment
04/02/2021: Proof of Service
01/22/2021: Minute Order Attachment
09/18/2020: Minute Order Attachment
DocketOrder to Show Cause - Pre; Judicial Officer: Cullers, Mark; Hearing Time: 8:32 AM; Cancel Reason: DismissedRead MoreRead Less
DispositionDisposition: Judgment; Judgment Type: Request for Dismissal filed; Party; Names: Anchor General Insurance Co.; Gomez, Beata Garcia; Martinez, Angel; Comment: without prejudice.Read MoreRead Less
DocketRequest for Dismissal Received - Pending ReviewRead MoreRead Less
DocketProof of Service; Comment: re: DismissalRead MoreRead Less
DocketMinute Order AttachmentRead MoreRead Less
DocketOrder to Show Cause - Pre; Judicial Officer: Cullers, Mark; Hearing Time: 8:32 AM; Result: HeardRead MoreRead Less
DocketProof of Service; Comment: By Mail 03/30/2021 of Declaration of Tristan Espinosa Esq. RE: Order to Show CauseRead MoreRead Less
DocketDeclaration Filed; Comment: of Tristan Espinosa Esq. RE: Order to Show CauseRead MoreRead Less
DocketMinute Order AttachmentRead MoreRead Less
Docket60-Day Continued OSC; Judicial Officer: Cullers, Mark; Hearing Time: 8:31 AM; Result: HeardRead MoreRead Less
DocketProof of Service; Comment: Beata Garcia GomezRead MoreRead Less
DocketProof of Service; Comment: Angel MartinezRead MoreRead Less
FinancialFinancial info for Anchor General Insurance Co.: EFile Payment Receipt # WEB-2018-41966 Anchor General Insurance Co. $225.00Read MoreRead Less
FinancialFinancial info for Anchor General Insurance Co.: Transaction Assessment $225.00Read MoreRead Less
FinancialFinancial: Anchor General Insurance Co.; Total Financial Assessment $245.00; Total Payments and Credits $245.00Read MoreRead Less
DocketNotice of Hearing; Comment: CMC Hearing Date 10/1/2018Read MoreRead Less
DocketSummons issued and filedRead MoreRead Less
DocketDeclaration Filed; Comment: of VenueRead MoreRead Less
DocketCivil case cover sheetRead MoreRead Less
DocketCivil Complaint filedRead MoreRead Less
Jenny R. Louro, Esq., Bar # 306535
3168 LIONSHEAD AVE 0/8/2018 1:35 PM
Attorneys for Plaintiff, By: S. Lout, Deputy
ANCHOR GENERAL INSURANCE CO.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
ANCHOR GENERAL INSURANCE CO. Case No. 18CECL05807
| | | | Plaintiff, I
V. ANGEL MARTINEZ aka ANGEL COMPLAINT GUSTAVO MARTINEZ, BEATA GARCIA
GOMEZ AND DOES 1 TO 10,
| Amount Demanded: $7,117.95 Defendants I 1. Plaintiff seeks $7,117.95.
2. Plaintiff is a corporation qualified to do business in California.
3. Defendant ANGEL MARTINEZ aka ANGEL GUSTAVO MARTINEZ is an individual. Defendant BEATA GARCIA GOMEZ is an individual.
4. The true names and capacities of DOES 1 to 10 are unknown at this time. Plaintiff reserves the right to amend this complaint to substitute their true names, capacities and liabilitie when they are ascertained.
5. This is the proper court because the underlying incident upon which this action is
based occurred here.
6. On or about May 6, 2016, at HIGHWAY 41 FRESNO, CA, ANGEL MARTINEZ aka ANGEL GUSTAVO MARTINEZ caused PEDRO RODRIGUEZ and his/her permissive users and/or passengers (collectively “the insured") to incur monetary damages. Specifically, at said time and place, ANGEL MARTINEZ aka ANGEL GUSTAVO MARTINEZ and DOE 1 (collectively “DRIVER?) negligently operated a motor vehicle, legally, foreseeably and proximately causing an accident that caused the insured to suffer damages in the amount of $7,117.95. At said time, said DRIVER was operating the motor vehicle with the express or implied permission of BEATA GARCIA GOMEZ ,(collectively “OWNER?”) who was a registered owner, bailee or other person who gained possession and/or control of the vehicle. OWNER was also negligent in entrusting said vehicle to DRIVER and/or was the employer and/or principal of DRIVER who was driving in the course and scope of an employment and/or the agency relationship at the time of the accident or was driving as required by his/her said employer and/or principal for the benefit of his/her said employer and/or principal.
7. Plaintiff incorporates the preceding paragraphs as though fully set forth herein.
8. At all relevant times, the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiff's duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $7,117.95. Plaintiff now seeks subrogation of its payment (and recovery of any uncovered property damage claims assigned by the insured), from all defendants, the parties responsible for causing the loss or who are otherwise liable. [Rossmoor Sanitation, Inc. v. Pylon, Inc. (1975) 13 C3d 622, 633].
9. Accordingly, Plaintiff is entitled to recover $7,117.95.
10. Justice requires that the loss should be entirely shifted from the Plaintiff to the party
to be charged, whose equitable position is inferior to that of Plaintiff.
11. Plaintiff prays for: a. Damages in the amount of $7,117.95. b. Pre-judgment interest. c. Costs of suit.
d. Any other relief the Court deems appropriate.
Date: February 21, 2018 %’_‘CZI 9_5
Jenny R. Louro, Esq. Attorney for Plaintiff
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