On 09/13/2018 ALL STATE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MICHELLE LOPEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.
*******1721
09/13/2018
Other
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
ALL STATE INSURANCE COMPANY
LOPEZ MICHELLE
MENDELSON LEE MICHAEL
7/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/17/2020: Request for Dismissal - Request for Dismissal
6/10/2020: Minute Order - Minute Order (Court Order)
6/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/10/2020
7/6/2020: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings; Trial Settin...)
12/30/2019: Declaration (name extension) - Declaration of Lee M Mendelson
1/13/2020: Declaration (name extension) - Declaration Declaration as to Notice
1/13/2020: Declaration (name extension) - Declaration Declaration of Plaintiff
1/13/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
1/21/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Continue Non-Jury Trial; Points and Authorities; Declaration of Plaintiff; (Proposed) Order
1/31/2020: Notice of Ruling - Notice of Ruling
1/14/2019: Proof of Personal Service - Proof of Personal Service
2/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
4/4/2019: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing
9/13/2018: Complaint
9/13/2018: Summons - on Complaint
9/13/2018: Civil Case Cover Sheet
9/13/2018: Notice of Case Assignment - Limited Civil Case
DocketOrder to Show Cause Re: REQUEST FOR ENTRY OF DEFAULT scheduled for 10/16/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/19/2020
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/16/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/19/2020
DocketOn the Complaint filed by All State Insurance Company on 09/13/2018, entered Request for Dismissal without prejudice filed by All State Insurance Company as to the entire action
DocketAddress for Lee Michael Mendelson (Attorney) null
DocketRequest for Entry of Default / Judgment; Filed by: All State Insurance Company (Plaintiff)
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketOrder to Show Cause Re: REQUEST FOR ENTRY OF DEFAULT scheduled for 10/16/2020 at 09:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Motion for Judgment on the Pleadings; Trial Settin...)
DocketCertificate of Mailing for (Hearing on Motion for Judgment on the Pleadings; Trial Settin...) of 07/06/2020; Filed by: Clerk
DocketHearing on Motion for Judgment on the Pleadings scheduled for 07/06/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 07/06/2020
DocketRequest to Waive Court Fees; Filed by: Michelle Lopez (Defendant)
DocketAnswer; Filed by: Michelle Lopez (Defendant)
DocketProof of Personal Service; Filed by: All State Insurance Company (Plaintiff); As to: Michelle Lopez (Defendant); Service Date: 01/10/2019; Service Cost: 92.00; Service Cost Waived: No
DocketComplaint; Filed by: All State Insurance Company (Plaintiff); As to: Michelle Lopez (Defendant)
DocketCivil Case Cover Sheet; Filed by: All State Insurance Company (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 03/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC11721 Hearing Date: July 06, 2020 Dept: 26
Allstate Ins. Co. v. Lopez, et al.
JUDGMENT ON THE PLEADINGS
(Code Civ. Proc., § 438; Smiley v. Citibank (1995) 11 Cal.4th 138, 145-146)
TENTATIVE RULING:
The Motion for Judgment on the Pleadings is PLACED OFF CALENDAR. ORDER TO SHOW CAUSE REGARDING REQUEST FOR ENTRY OF DEFAULT IS SET FOR AUGUST 3, 2020 AT __10:30_ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Allstate Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Michelle Lopez (“Defendant”) on September 13, 2018. Defendant filed an Answer on February 7, 2019. Following Defendant’s failure to pay a first appearance fee upon denial of her application for fee waiver, the Clerk of the Court voided the Answer on April 4, 2019. Notice that the Answer was voided was served on both parties the same day.
On December 30, 2019, Plaintiff filed the instant Motion for Judgment on the Pleadings. To date, no opposition has been filed. The Court finds that the Answer having been voided, a Motion for Judgment on the Pleadings is not appropriate.
A plaintiff may test the sufficiency of an answer by a motion for judgment on the pleadings, and may thereby recover judgment, without the introduction of any evidence, if his complaint states facts sufficient to constitute a cause of action, and the answer, as interposed by the defendant neither raises any material issue nor states a defense, i.e., where the answer expressly or substantially admits or does not sufficiently deny all the material allegations of the complaint (Stark v. Hoeft, 205 Cal. 102, 110 [269 P. 1105]), and sets up no new matter which is sufficient to bar or defeat the action.
(Adjustment Corp. v. Hollywood Hardware & Paint Co. (1939) 35 Cal.App.2d 566, 569.) A plaintiff moving for judgment on the pleadings, therefore, must test the sufficiency of both the complaint and answer. When there is no responsive pleading to the Complaint, the appropriate course of action is to request entry of default and default judgment.
Therefore, Plaintiff Allstate Insurance Company’s Motion for Judgment on the Pleadings is PLACED OFF CALENDAR. THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING REQUEST FOR ENTRY OF DEFAULT FOR __8/3/20_________, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.