This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 00:19:48 (UTC).

ALL STATE INSURANCE COMPANY VS MICHELLE LOPEZ

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1721

  • Filing Date:

    09/13/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ALL STATE INSURANCE COMPANY

Defendant

LOPEZ MICHELLE

Attorney/Law Firm Details

Plaintiff Attorney

MENDELSON LEE MICHAEL

 

Court Documents

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

8/17/2020: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Court Order)

6/10/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/10/2020

6/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/10/2020

Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings; Trial Settin...)

7/6/2020: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings; Trial Settin...)

Declaration (name extension) - Declaration of Lee M Mendelson

12/30/2019: Declaration (name extension) - Declaration of Lee M Mendelson

Declaration (name extension) - Declaration Declaration as to Notice

1/13/2020: Declaration (name extension) - Declaration Declaration as to Notice

Declaration (name extension) - Declaration Declaration of Plaintiff

1/13/2020: Declaration (name extension) - Declaration Declaration of Plaintiff

Memorandum of Points & Authorities - Memorandum of Points & Authorities

1/13/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Continue Non-Jury Trial; Points and Authorities; Declaration of Plaintiff; (Proposed) Order

1/21/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Continue Non-Jury Trial; Points and Authorities; Declaration of Plaintiff; (Proposed) Order

Notice of Ruling - Notice of Ruling

1/31/2020: Notice of Ruling - Notice of Ruling

Proof of Personal Service - Proof of Personal Service

1/14/2019: Proof of Personal Service - Proof of Personal Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

4/4/2019: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

Complaint

9/13/2018: Complaint

Summons - on Complaint

9/13/2018: Summons - on Complaint

Civil Case Cover Sheet

9/13/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/13/2018: Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 08/19/2020
  • 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

    Read MoreRead Less
  • 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

    Read MoreRead Less
  • 08/17/2020
  • 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

    Read MoreRead Less
  • 08/17/2020
  • DocketAddress for Lee Michael Mendelson (Attorney) null

    Read MoreRead Less
  • 07/09/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: All State Insurance Company (Plaintiff)

    Read MoreRead Less
  • 07/09/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
  • 07/06/2020
  • 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

    Read MoreRead Less
  • 07/06/2020
  • DocketMinute Order (Hearing on Motion for Judgment on the Pleadings; Trial Settin...)

    Read MoreRead Less
  • 07/06/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Judgment on the Pleadings; Trial Settin...) of 07/06/2020; Filed by: Clerk

    Read MoreRead Less
  • 07/06/2020
  • 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

    Read MoreRead Less
31 More Docket Entries
  • 02/07/2019
  • DocketRequest to Waive Court Fees; Filed by: Michelle Lopez (Defendant)

    Read MoreRead Less
  • 02/07/2019
  • DocketAnswer; Filed by: Michelle Lopez (Defendant)

    Read MoreRead Less
  • 01/14/2019
  • 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

    Read MoreRead Less
  • 09/13/2018
  • DocketComplaint; Filed by: All State Insurance Company (Plaintiff); As to: Michelle Lopez (Defendant)

    Read MoreRead Less
  • 09/13/2018
  • DocketCivil Case Cover Sheet; Filed by: All State Insurance Company (Plaintiff)

    Read MoreRead Less
  • 09/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 09/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/13/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 09/13/2018
  • DocketNon-Jury Trial scheduled for 03/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 09/13/2018
  • 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

    Read MoreRead Less

Tentative Rulings

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.