This case was last updated from Los Angeles County Superior Courts on 10/10/2020 at 01:53:15 (UTC).

BENEDICT AMORELLI VS AMERICAN BANKERS INSURANCE, ET AL.

Case Summary

On 04/17/2020 BENEDICT AMORELLI filed a Contract - Other Contract lawsuit against AMERICAN BANKERS INSURANCE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3487

  • Filing Date:

    04/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

AMORELLI BENEDICT

Defendants

AMERICAN BANKERS INSURANCE

ROMERO ERIC

Attorney/Law Firm Details

Defendant Attorney

TITTMANN RAYMOND JOSEPH

 

Court Documents

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

10/2/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Stipulation and Order (name extension) - Stipulation and Order AND [PROPOSED] ORDER RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA

10/2/2020: Stipulation and Order (name extension) - Stipulation and Order AND [PROPOSED] ORDER RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA

Proof of Service by Mail - Proof of Service by Mail

6/29/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration of Raymond J. Tittmann in support of Notice of Demurrer & Demurrer to Plaintiff Benedict Amorellis Complaint by Defendants American Bankers Insurance Compan

6/29/2020: Declaration (name extension) - Declaration of Raymond J. Tittmann in support of Notice of Demurrer & Demurrer to Plaintiff Benedict Amorellis Complaint by Defendants American Bankers Insurance Compan

Request for Judicial Notice - Request for Judicial Notice

6/29/2020: Request for Judicial Notice - Request for Judicial Notice

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

6/29/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/30/2020

6/30/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/30/2020

Minute Order - Minute Order (Court Order)

6/30/2020: Minute Order - Minute Order (Court Order)

First Amended Standing Order - First Amended Standing Order

4/17/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/13/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Civil Case Cover Sheet - Civil Case Cover Sheet

4/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Other - (name extension) - Other - Case Management Statement

4/17/2020: Other - (name extension) - Other - Case Management Statement

Complaint - Complaint

4/17/2020: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

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

4/17/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

4/21/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

5 More Documents Available

 

Docket Entries

  • 06/28/2021
  • Hearing06/28/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

    Read MoreRead Less
  • 10/06/2020
  • DocketUpdated -- Stipulation and Order RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA: Status Date changed from 10/02/2020 to 10/02/2020; Name Extension changed from AND [PROPOSED] ORDER RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA to RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA; Result Date changed from 10/06/2020 to 10/06/2020; As To Parties changed from Benedict Amorelli (Plaintiff) to Benedict Amorelli (Plaintiff)

    Read MoreRead Less
  • 10/06/2020
  • DocketUpdated -- Stipulation and Order AND [PROPOSED] ORDER RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA: Filed By: American Bankers Insurance (Defendant); Result: Granted; Result Date: 10/06/2020

    Read MoreRead Less
  • 10/06/2020
  • DocketPost-Arbitration Status Conference scheduled for 06/28/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 10/06/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/08/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/06/2020

    Read MoreRead Less
  • 10/06/2020
  • DocketNon-Jury Trial scheduled for 10/15/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/06/2020

    Read MoreRead Less
  • 10/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/06/2020

    Read MoreRead Less
  • 10/02/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: American Bankers Insurance (Defendant)

    Read MoreRead Less
  • 10/02/2020
  • DocketStipulation and Order AND [PROPOSED] ORDER RE: ARBITRATION OF PLAINITFF BENEDICT AMORELLI'S COMPLAINT AND SUBPOENA; Signed and Filed by: American Bankers Insurance (Defendant); As to: Benedict Amorelli (Plaintiff)

    Read MoreRead Less
  • 06/30/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/08/2020 at 10:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
9 More Docket Entries
  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 04/21/2020
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

    Read MoreRead Less
  • 04/17/2020
  • DocketComplaint; Filed by: Benedict Amorelli (Plaintiff); As to: American Bankers Insurance (Defendant); Eric Romero (Defendant)

    Read MoreRead Less
  • 04/17/2020
  • DocketRequest to Waive Court Fees; Filed by: Benedict Amorelli (Plaintiff)

    Read MoreRead Less
  • 04/17/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Benedict Amorelli (Plaintiff)

    Read MoreRead Less
  • 04/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Benedict Amorelli (Plaintiff)

    Read MoreRead Less
  • 04/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 04/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 04/17/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less
  • 04/17/2020
  • DocketOther - Case Management Statement; Filed by: Benedict Amorelli (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC03487    Hearing Date: October 08, 2020    Dept: 26

Amorelli v. American Bankers Ins. Co. of Florida, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendants American Bankers Insurance Company of Florida and Eric Romero’s Demurrer to the Complaint is CONTINUED TO NOVEMBER 12, 2020 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On April 17, 2020, Plaintiff Benedict Amorelli (“Plaintiff”) filed the instant action against Defendants American Bankers Insurance Company of Florida and Eric Romero (“Defendants”) for fraud, intentional tort and breach of contract with respect to withholding of benefits due under an insurance policy (“the Policy”). On June 29, 2020, Defendants filed the instant Demurrer to the Complaint. To date, no opposition has been filed.

Discussion

First, Defendants have not demonstrated Plaintiff was served with the notice of hearing as ordered by the Court. On June 30, 2020, the Court set the Demurrer for hearing and served the order on Defendants. (Minute Order and Certificate of Mailing, 6/30/20.) The order instructed Defendants to give notice of the hearing date to Plaintiff. (Minute Order, 6/30/20.) To date, no proof of service of the notice of hearing has been filed. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

The Demurrer does demonstrate compliance with the requirements of Code of Civil Procedure section 430.41. The demurring party is required to meet and confer in person or telephonically at least five days before the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a).) The Demurrer is accompanied by a declaration demonstrating a prior meet and confer effort. (Demurrer, Tittmann Decl., ¶4.)

Defendants request that the Court take judicial notice of the following: (1) American Bankers Policy No. AVP 3825536 insuring the 1974 Volkswagen/Beetle Automobile with effective dates from June 11, 2019 to June 11, 2020 and any facts derived from the policy to the extent they are not disputed by Plaintiff; (2) the existence of Plaintiff’s correspondence with Defendants dated February 22, 2020 and signed by Plaintiff to the extent it shows that Plaintiff wrote to Defendants that Plaintiff will only submit to an examination under oath once he is provided a transcribed copy of his prior statement; (3) the truth of the contents in the aforementioned correspondence.

The Court takes judicial notice of the American Bankers Policy No. AVP 3825536 and its terms. (Demurrer, RJN, p. 2:5-8.) The Complaint does not attach a copy of the parties’ agreement but alleges the Policy was for a 1974 Volkswagen Beetle in effect on November 3, 2019. (Compl., ¶¶BC-1, BC-2.) Defendants also ask the Court to take judicial notice of correspondence in which Plaintiff admits he will not fulfill his obligations under the Policy. The Court may take judicial notice of party admissions that contradict allegations in the Complaint. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605.)

The Policy requires that Defendant submit to examination under oath and subscribe to the same, as often as Plaintiff may reasonably require. (Demurrer, Tittmann Decl., Exh. A, Part E, ¶B(3)(b).) Defendant, however, refuses to submit to examination unless Plaintiff provides a transcribed copy of his prior statement. (Id. at Exh. B.) Nothing in the Policy allows Defendant to refuse to submit to examination upon these conditions. Therefore, Plaintiff admits that he has not complied with his obligations under the Policy, despite alleging such compliance in the Compliant. (Compl., ¶BC-3.) The Court takes judicial notice of the correspondence that demonstrates Plaintiff’s refusal to sit for examination and that the correspondence contradicts the allegations in the Complaint.

The gravamen of each cause of action in the Complaint is Defendants’ failure to provide benefits as required by the Policy. (Id. at ¶¶FR-2 – FR-6; IT-1.) The matters judicially noticed by the Court demonstrate that Plaintiff fails to allege facts necessary to state a cause of action. California courts have held that “a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.” (Brizuela v. CalFarm Ins. Co. (2004) 116 Cal.App.4th 578, 587.) Until Plaintiff properly alleges compliance with the examination requirement, he cannot state a claim for unpaid benefits under the Policy.

Conclusion

Defendants American Bankers Insurance Company of Florida and Eric Romero’s Demurrer to the Complaint is CONTINUED TO NOVEMBER 12, 2020 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DEFENDANT IS TO FILE PROOF OF THE SERVICE OF THE NOTICE OF HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE DEMURRER BEING PLACED OFF CALENDAR OR OVERRULED.

Moving party to give notice.