This case was last updated from Los Angeles County Superior Courts on 09/29/2020 at 05:09:29 (UTC).

ANCHOR GENERAL INSURANCE CO. VS GLEN BILL HERNANDEZ, ET AL.

Case Summary

On 11/14/2018 ANCHOR GENERAL INSURANCE CO filed a Personal Injury - Motor Vehicle lawsuit against GLEN BILL HERNANDEZ. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4026

  • Filing Date:

    11/14/2018

  • Case Status:

    Disposed - Judgment Entered

  • 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

ANCHOR GENERAL INSURANCE CO.

Defendants

HERNANDEZ GLEN BILL

VILLALTA FRANCYS CORNEJO

Attorney/Law Firm Details

Plaintiff Attorney

LOURO JENNY R

 

Court Documents

Judgment - Judgment BY COURT

6/29/2020: Judgment - Judgment BY COURT

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

6/2/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/2/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration RE UNIFORM JUDGMENT PRINCIPAL, INTEREST AND ATTORNEY FEES

6/2/2020: Declaration (name extension) - Declaration RE UNIFORM JUDGMENT PRINCIPAL, INTEREST AND ATTORNEY FEES

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

10/1/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/24/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Ruling - Notice of Ruling

10/24/2019: Notice of Ruling - Notice of Ruling

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/4/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

5/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

5/4/2020: Request for Dismissal - Request for Dismissal

Summary of the Case - Summary of the Case

5/4/2020: Summary of the Case - Summary of the Case

Proof of Personal Service - Proof of Personal Service

12/5/2018: Proof of Personal Service - Proof of Personal Service

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/11/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

1/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

11/19/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

11/14/2018: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

11/14/2018: Summons - Summons on Complaint

29 More Documents Available

 

Docket Entries

  • 08/20/2020
  • DocketNotice OF ENTRY OF JUDGMENT; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: GLEN BILL HERNANDEZ (Defendant); FRANCYS CORNEJO VILLALTA (Defendant)

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  • 06/29/2020
  • DocketCourt orders judgment entered for Plaintiff ANCHOR GENERAL INSURANCE CO. against Defendant FRANCYS CORNEJO VILLALTA on the Complaint filed by ANCHOR GENERAL INSURANCE CO. on 11/19/2018 for damages of $18,552.56, interest of $1,258.40, and other $924.04 for a total of $20,735.00.

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  • 06/29/2020
  • DocketCourt orders judgment entered for Plaintiff ANCHOR GENERAL INSURANCE CO. against Defendant GLEN BILL HERNANDEZ on the Complaint filed by ANCHOR GENERAL INSURANCE CO. on 11/19/2018 for damages of $5,000.00, interest of $464.64, and costs of $459.50 for a total of $5,924.14.

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  • 06/29/2020
  • DocketJudgment BY COURT; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: FRANCYS CORNEJO VILLALTA (Defendant)

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  • 06/29/2020
  • DocketUpdated -- Judgment BY COURT: Status changed from Filed to Signed and Filed

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  • 06/29/2020
  • DocketJudgment BY COURT; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: GLEN BILL HERNANDEZ (Defendant)

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  • 06/29/2020
  • DocketUpdated -- Judgment BY COURT: Status changed from Filed to Signed and Filed

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  • 06/29/2020
  • DocketOrder to Show Cause Re: Default Judgment/ Dismissal scheduled for 09/22/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/29/2020

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  • 06/29/2020
  • DocketNon-Jury Trial scheduled for 09/22/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/29/2020

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  • 06/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/17/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/29/2020

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42 More Docket Entries
  • 12/05/2018
  • DocketProof of Personal Service; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: FRANCYS CORNEJO VILLALTA (Defendant)

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  • 11/19/2018
  • DocketCivil Case Cover Sheet; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff)

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  • 11/18/2018
  • DocketNon-Jury Trial scheduled for 05/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/18/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/18/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 11/14/2018
  • DocketComplaint; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: GLEN BILL HERNANDEZ (Defendant); FRANCYS CORNEJO VILLALTA (Defendant)

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  • 11/14/2018
  • DocketDeclaration DECLARATION OF VENUE; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: GLEN BILL HERNANDEZ (Defendant); FRANCYS CORNEJO VILLALTA (Defendant)

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  • 11/14/2018
  • DocketSummons on Complaint; Issued and Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: GLEN BILL HERNANDEZ (Defendant); FRANCYS CORNEJO VILLALTA (Defendant)

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  • 11/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/14/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC14026    Hearing Date: March 12, 2020    Dept: 26

Anchor General Ins. Co. v. Hernandez, et al.

JUDGMENT ON THE PLEADINGS

(Code Civ. Proc., § 438; Smiley v. Citibank (1995) 11 Cal.4th 138, 145-146)

TENTATIVE RULING:

Plaintiff Anchor General Insurance Company’s Motion for Judgment on the Pleadings is GRANTED against Defendant Glen Bill Hernandez.

ORDER TO SHOW CAUSE REGARDING DEAULT JUDGMENT / DISMISSAL AS TO DEFENDANT FRANCYS CORNEJO VILLATA SET FOR APRIL 16, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Francys Cornejo Villalta (“Defendant Villalta”) and Glen Bill Hernandez (“Defendant Hernandez”) on November 14, 2018. On January 3, 2019, Plaintiff entered Defendant Villalta’s default.

On April 19, 2019, Defendant Hernandez filed his Answer in pro per. On October 1, 2019, the Court granted Plaintiff’s Motion to Deem Requests for Admission Admitted against Defendant Hernandez. On February 4, 2020, Plaintiff filed the instant Motion, which is accompanied by a meet and confer declaration, for judgment on Plaintiff’s Complaint. (Motion, Reese Decl., pp. 1:22-2:2 and Exh. A.) To date, no opposition has been filed.

Legal Standard

The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) Matters which are subject to mandatory judicial notice may be treated as part of the complaint and may be considered without notice to the parties. Matters which are subject to permissive judicial notice must be specified in the notice of motion, the supporting points and authorities, or as the court otherwise permits. (Id.) The motion may not be supported by extrinsic evidence. (Barker v. Hull (1987) 191 Cal.App.3d 221, 236.)

While a statutory motion for judgment on the pleadings brought pursuant to Code of Civil Procedure section 438, et seq. must be accompanied by a meet and confer declaration, there is no such requirement for a motion for judgment on the pleadings brought pursuant to the common law. (See Code Civ. Proc., § 439 (moving party must file declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for judgment on the pleadings is filed.)

Discussion

Plaintiff submits a Request for Judicial Notice of Defendant Hernandez’s Answer filed on April 19, 2018 and the Court’s order of October 1, 2019 deeming the Requests for Admissions admitted. The court takes judicial notice of the deemed admissions. The Court grants the request pursuant to Cal. Evidence Code section 452, subdivision (d). (Cal. Evid. Code, § 452, subd. (d); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549) (holding that the court may take judicial notice of matters that cannot be reasonably controverted, including “admissions and concessions.”).) The admissions in the Requests directly contradict the general denial and affirmative defenses asserted in Defendant Hernandez’s Answer.

In particular, the admissions admit that on the date of the accident that is the subject of this action, Defendant Hernandez was the owner of the vehicle that collided with the vehicle of Plaintiff’s insured. (Motion, RJN, Exh. B, Request for Admission Nos. 1-2.) The admissions also admit that Defendant Hernandez failed to exercise reasonable care by permitting Defendant Villalta to drive the vehicle and that such lack of reasonable care was a substantial factor in causing the motor vehicle accident that damaged Plaintiff’s insured. (Id. at Request for Admission Nos. 3-4.) The admissions also admit that Defendant Hernandez’s vehicle was uninsured, and Defendant Hernandez caused Plaintiff to incur damages of at least $18,552.46. (Id. at Request for Admission Nos. 5-8.)

By this Motion, Plaintiff has demonstrated that it served Defendant Hernandez with discovery requests that effectively sought the admission of the truth of the allegations in the Complaint, as detailed above. These admissions establish the facts in Plaintiff’s Complaint and that Defendant Hernandez has not alleged a defense to Plaintiff’s Complaint.

Therefore, Plaintiff Anchor General Insurance Company’s Motion for Judgment on the Pleadings is GRANTED against Defendant Glen Bill Hernandez.

ORDER TO SHOW CAUSE REGARDING DEAULT JUDGMENT / DISMISSAL AS TO DEFENDANT FRANCYS CORNEJO VILLATA SET FOR APRIL 16, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.