This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 02:24:14 (UTC).

ELI'S COLLISION REPAIR OF SOUTH BAY, INC. VS NATIONWIDE GENERAL INSURANCE COMPANY, ET AL.

Case Summary

On 12/11/2019 ELI'S COLLISION REPAIR OF SOUTH BAY, INC filed a Contract - Other Contract lawsuit against NATIONWIDE GENERAL INSURANCE COMPANY. 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:

    *******1305

  • Filing Date:

    12/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ELI'S COLLISION REPAIR OF SOUTH BAY INC.

Defendants and Cross Plaintiffs

NATIONWIDE GENERAL INSURANCE COMPANY

WEST COAST CLASSICS LLC

Cross Defendant

ROES 1-25 INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorneys

ROBINETT TIMOTHY D.

ROBINETT TIMOTHY DOUGLAS ESQ.

Defendant and Cross Plaintiff Attorneys

MULVIHILL CYNTHIA COULTER

MULVIHILL CYNTHIA COULTER ESQ.

 

Court Documents

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Michelle G. Cooper - CSR #13572)

8/4/2021: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Michelle G. Cooper - CSR #13572)

Declaration (name extension) - Declaration Supplemental Declaration of Cynthia Coulter Mulvihill in Support of West Coast Classics, LLC's Motion for Protective Order and Western Heritage Insurance's M

8/4/2021: Declaration (name extension) - Declaration Supplemental Declaration of Cynthia Coulter Mulvihill in Support of West Coast Classics, LLC's Motion for Protective Order and Western Heritage Insurance's M

Minute Order - Minute Order (- Hearing on Motion for Protective Order Filed by Defendants ...)

8/4/2021: Minute Order - Minute Order (- Hearing on Motion for Protective Order Filed by Defendants ...)

Certificate of Mailing for - Certificate of Mailing for (- Hearing on Motion for Protective Order Filed by Defendants ...) of 08/04/2021

8/4/2021: Certificate of Mailing for - Certificate of Mailing for (- Hearing on Motion for Protective Order Filed by Defendants ...) of 08/04/2021

Reply (name extension) - Reply to Plaintiff's Oppositions to Defendants' Motions for Protective Order

7/28/2021: Reply (name extension) - Reply to Plaintiff's Oppositions to Defendants' Motions for Protective Order

Reply (name extension) - Reply TO OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

7/28/2021: Reply (name extension) - Reply TO OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/13/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Request for Judicial Notice - Request for Judicial Notice

7/13/2021: Request for Judicial Notice - Request for Judicial Notice

Declaration (name extension) - Declaration of Cynthia Coulter Mulvihill in Support of West Coast Classics, LLC's Motion for Protective Order and Western Heritage Insurance's Motion for Protective Orde

7/13/2021: Declaration (name extension) - Declaration of Cynthia Coulter Mulvihill in Support of West Coast Classics, LLC's Motion for Protective Order and Western Heritage Insurance's Motion for Protective Orde

Opposition (name extension) - Opposition to Plaintiff's Motion to Compel Production of Defendant West Coast Classics, LLC's Claims File

7/22/2021: Opposition (name extension) - Opposition to Plaintiff's Motion to Compel Production of Defendant West Coast Classics, LLC's Claims File

Opposition (name extension) - Opposition TO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE ORDER

7/22/2021: Opposition (name extension) - Opposition TO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE ORDER

Objection (name extension) - Objection TO PURPORTED DECLARATION OF CYNTHIA COULTER MULVIHILL IN SUPPORT OF DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE O

7/22/2021: Objection (name extension) - Objection TO PURPORTED DECLARATION OF CYNTHIA COULTER MULVIHILL IN SUPPORT OF DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE O

Objection (name extension) - Objection TO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE REQUEST FOR JUDICIAL NOTICE

7/22/2021: Objection (name extension) - Objection TO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE REQUEST FOR JUDICIAL NOTICE

Declaration (name extension) - Declaration OF DANIEL F. BERBERICH IN SUPPORT OF PLAINTIFF OPPOSITIONTO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE ORDER

7/22/2021: Declaration (name extension) - Declaration OF DANIEL F. BERBERICH IN SUPPORT OF PLAINTIFF OPPOSITIONTO DEFENDANTS WEST COAST CLASSICS. LLC'S AND WESTERN HERTIAGE INSURANCE MOTIONS FOR PROTECTIVE ORDER

Notice (name extension) - Notice Of Order By California Supreme Court Re Electronic Service & Request For Electronic Service; And Electronic Service Addresses

8/26/2020: Notice (name extension) - Notice Of Order By California Supreme Court Re Electronic Service & Request For Electronic Service; And Electronic Service Addresses

Motion for Protective Order - Motion for Protective Order

3/16/2021: Motion for Protective Order - Motion for Protective Order

Motion for Protective Order - Motion for Protective Order

3/16/2021: Motion for Protective Order - Motion for Protective Order

Declaration (name extension) - Declaration OF DANIEL BERBERICH IN SUPPORT OF PLAINTIIFF MOTION TO COMPLE

4/12/2021: Declaration (name extension) - Declaration OF DANIEL BERBERICH IN SUPPORT OF PLAINTIIFF MOTION TO COMPLE

22 More Documents Available

 

Docket Entries

  • 12/14/2022
  • Hearing12/14/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/16/2022
  • Hearing02/16/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/04/2021
  • DocketUpdated -- Motion for Protective Order: Filed By: West Coast Classics, LLC (Defendant); Result: Granted in Part; Result Date: 08/04/2021

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  • 08/04/2021
  • DocketUpdated -- Motion for Protective Order: Filed By: Western Heritage Insurance Erroneously Sued As Nationwide General Insurance Company (Defendant); Result: Granted in Part; Result Date: 08/04/2021

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  • 08/04/2021
  • DocketUpdated -- Motion to Compel Defendant Western Heritage Insurance (erroneously Named as Nationwide General Insurance Company) to Provide Further Responses to Plaintiff's Request for Production of Documents (Set One); Request for Monetary Sanctions: Filed By: Eli's Collision Repair of South Bay, Inc. (Plaintiff); Result: Granted in Part; Result Date: 08/04/2021

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  • 08/04/2021
  • DocketDeclaration Supplemental Declaration of Cynthia Coulter Mulvihill in Support of West Coast Classics, LLC's Motion for Protective Order and Western Heritage Insurance's Motion for Protective Order; and Opposition to Plaintiff's Motion to Compel; Filed by: Western Heritage Insurance Erroneously Sued As Nationwide General Insurance Company (Defendant); West Coast Classics, LLC (Defendant)

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  • 08/04/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore (Michelle G. Cooper - CSR #13572); Filed by: Western Heritage Insurance Erroneously Sued As Nationwide General Insurance Company (Defendant); West Coast Classics, LLC (Defendant)

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  • 08/04/2021
  • DocketMinute Order (- Hearing on Motion for Protective Order Filed by Defendants ...)

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  • 08/04/2021
  • DocketCertificate of Mailing for (- Hearing on Motion for Protective Order Filed by Defendants ...) of 08/04/2021; Filed by: Clerk

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  • 08/04/2021
  • DocketUpdated -- Timothy Douglas Robinett, Esq. (Attorney): Organization Name: Manning Leaver Bruder & Berberich, LLP; Name Suffix: Esq. Middle Name changed from D. to Douglas

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40 More Docket Entries
  • 01/10/2020
  • DocketProof of Service by Substituted Service; Filed by: Eli's Collision Repair of South Bay, Inc. (Plaintiff); As to: West Coast Classics, LLC (Defendant); Proof of Mailing Date: 12/27/2019; Service Cost: 80.05; Service Cost Waived: No

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  • 01/07/2020
  • DocketProof of Personal Service; Filed by: Eli's Collision Repair of South Bay, Inc. (Plaintiff); As to: Nationwide General Insurance Company (Defendant); Service Date: 12/27/2019; Service Cost: 99.00; Service Cost Waived: No

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  • 12/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Eli's Collision Repair of South Bay, Inc. (Plaintiff); As to: Nationwide General Insurance Company (Defendant); West Coast Classics, LLC (Defendant)

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  • 12/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Eli's Collision Repair of South Bay, Inc. (Plaintiff); As to: Nationwide General Insurance Company (Defendant); West Coast Classics, LLC (Defendant)

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  • 12/11/2019
  • DocketComplaint; Filed by: Eli's Collision Repair of South Bay, Inc. (Plaintiff); As to: Nationwide General Insurance Company (Defendant); West Coast Classics, LLC (Defendant)

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  • 12/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketNon-Jury Trial scheduled for 06/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b"

Case Number: 19STLC11305 Hearing Date: August 4, 2021 Dept: 26

Eli’s Collision Repair\r\nof South Bay, Inc. v. Nationwide General Insurance Company, et al. 19STLC11305

PROCEEDINGS: (1) MOTIONS FOR PROTECTIVE\r\nORDER

MOVING\r\nPARTY: Defendants Western Heritage\r\nInsurance and West Coast Classics, LLC

RESP. PARTY:\r\n Plaintiff Eli’s Collision Repair\r\nof South Bay, Inc.

PROCEEDINGS: (2) MOTION TO COMPEL\r\nFURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

MOVING\r\nPARTY: Plaintiff Eli’s Collision\r\nRepair of South Bay, Inc.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n

RESP.\r\nPARTY: Defendants\r\nWestern Heritage Insurance and West Coast Classics, LLC

TENTATIVE\r\nRULING

\r\n\r\n

\r\n\r\n

Plaintiff’s motion granted in part and denied in part.\r\nDefendant’s motion granted in part and denied in part. Defendants Western\r\nHeritage Insurance and West Coast Classics, LLC are ordered to produce the\r\ndocuments sought in Request for Production of Documents, Nos. 7-8, except for\r\nWH’s correspondence with its attorney that may be contained within the claim’s\r\nfile. Defendants, may, if they voluntarily choose, submit the matters for in\r\ncamera review in the procedure outlined in Costco in order for the\r\ncourt to determine if other records contain communications during the course of\r\nan attorney client relationship. If Defendants elect to voluntarily submit the\r\nmatters for review, they are to lodge with the Court an unredacted copy under\r\nseal and a redacted copy of the documents sought with a privilege log in\r\nconformity with the authority cited below on a date and time to be scheduled\r\nwith the court.

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

Plaintiff Eli’s Collision Repair\r\nof South Bay, Inc. (“Plaintiff”) filed the instant action for breach of\r\ncontract and common counts against Defendants Western Heritage Insurance\r\n(“Defendant WH”) (erroneously sued as Nationwide General Insurance Company) and\r\nWest Coast Classics, LLC (“Defendant WCC”). The Complaint alleges that\r\nDefendants asked Plaintiff to perform repairs on the vehicle of Jessica Pippin,\r\nwhich was damaged when struck by a vehicle driven by an employee of Defendant\r\nWCC. (Compl., ¶¶8-9.) Defendant WCC and its insurer, Defendant WH, have failed\r\nto pay certain repairs costs and rental fees that remain outstanding. (Id.\r\nat ¶9.)

\r\n\r\n

\r\n\r\n

Request for Judicial Notice

\r\n\r\n

\r\n\r\n

Defendants’ Request for Judicial\r\nNotice in support of the Motions for Protective Order is denied. Defendants\r\nfail to demonstrate that the request is relevant, nor is it made pursuant to\r\nany legal authority. (Motions for Protective Order, RJN.)

\r\n\r\n

\r\n\r\n

Evidentiary Objections

\r\n\r\n

\r\n\r\n

Plaintiff’s evidentiary objections\r\nto the Mulvihill declaration and Request for Judicial Notice in support of the\r\nMotions for Protective Order are sustained.

\r\n\r\n

\r\n\r\n

Discussion

\r\n\r\n

\r\n\r\n

Plaintiff served on each Defendant a Request for Production\r\nof Documents, Set One, on August 21, 2020. (Motion, Mulvihill Decl., Exhs. L\r\nand M.) With respect to the Request for Production of Documents on Defendant\r\nWH, Defendants moves for a protective order against Request Nos. 7 and 8. With\r\nrespect to the Request for Production of Documents on Defendant WCC, Defendants\r\nmoves for a protective order against Request No. 7. Defendants WH and WCC move\r\nfor a protective order pursuant to Code of Civil Procedure section 2031.060,\r\nsubdivision (b), which states: “The court, for good cause shown, may make any\r\norder that justice requires to protect any party or other person from\r\nunwarranted annoyance, embarrassment, or oppression, or undue burden and\r\nexpense. This protective order may include, but is not limited to, one or more\r\nof the following directions: (1) That all or some of the items or categories of\r\nitems in the demand need not be produced or made available at all.” (Code Civ.\r\nProc., § 2031.060, subd. (b).)

\r\n\r\n

\r\n\r\n

In the Motion to Compel Further Responses to Requests for\r\nProduction, Plaintiff moves for an order compelling Defendant WH’s production\r\nof responses without objection to Request No. 7. The Motion to Compel Further\r\nwas timely filed pursuant to the parties’ agreement to an April 9, 2021\r\ndeadline. (Motion to Compel Further, Mulvihill Decl., Exh. J.) The Motion to\r\nCompel further is also accompanied by an adequate meet and confer declaration\r\nand separate statement. (Id. at ¶¶C, D, G, H, J, K.)

\r\n\r\n

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Request No. 7 to Defendant WCC asks “If YOU contend that YOU\r\ndo not owe the amount referenced in ELI’S COLLISION REPAIR’s Complaint with\r\nrespect to the SUBJECT REPAIR WORK, produce all DOCUMENTS in support of YOUR\r\ncontention.” (Id. at Exh. L, p. 5:11-15.)

\r\n\r\n

\r\n\r\n

Request No. 7 to Defendant WH asks for production of “YOUR\r\nentire claim file and claim file notes regarding the SUBJECT CLAIM BY YOUR\r\nINSURED and the SUBJECT REPAIR WORK. (Id. at Exh. K, p. 5:11-15.)

\r\n\r\n

\r\n\r\n

Request No. 8 to Defendant WH asks for production of “YOUR\r\nclaims handling guidelines or manuals reflecting or relating to YOUR procedures\r\nfor determine the proper handling of the SUBJECT CLAIM BY YOUR INSURED,\r\nincluding but not limited to the proper amount to pay for the SUBJECT REPAIR\r\nWORK and the SUBJECT CLAIM BY YOUR INSURED.” (Id. at Exh. K, p.\r\n5:15-19.)

\r\n\r\n

\r\n\r\n

In connection with these requests, Defendants ask for\r\nprotective orders against production of Defendant WH’s attorneys’ files,\r\ncorrespondence with its attorney, correspondence with its insured, and claims\r\nfiles, claims materials, claims notes, claims manuals and other claims materials\r\nin this matter. (Notices of Motion for Protective Order, p. 2:12-15.) The\r\nMotions only provide authority regarding the privileges that attach to\r\nattorney-client communications and attorney work-product. (Motion, § IV [citing\r\nCostco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 730 (Costco);\r\nBenge v. Superior Court (1982) 131 Cal.App.3d 336, 346; Nacht &\r\nLewis Architects v. Superior Court (1996) 47 Cal.App.4th 214].) None of the\r\ncases cited stand for the proposition that an insurance company’s claims files,\r\nclaims material, claims notes, claims manuals or other claims materials are\r\nprivileged. Defendants, therefore, have not shown that they are entitled to a\r\nprotective order from production of the claims materials. It appears that Defendants\r\nseek a protective order with respect to the claims materials based on the fact\r\nthat their attorney’s “reports and analysis are conveyed to both Defendants”\r\nthereby extending the privilege to the entire claims file and materials. While\r\nthe Motions cite to defense counsel’s declaration in support of this\r\ncontention, the declaration itself does not state that counsel’s reports and\r\nanalysis are part of the claims filed and materials. (See Motion, Mulvihill\r\nDecl., ¶5.)

\r\n\r\n

\r\n\r\n

Also, even if counsel’s reports and analysis are part of the\r\nclaims files and materials, Defendants have not shown why that renders the\r\nentire claims file or claims material privileged. In their amended and second\r\namended response to the Requests for Production, Defendants provide a purported\r\n“privilege log” that merely refers to “Electronics documents of WESTERN\r\nHERITAGE’s claims adjuster notes which are in the care, custody and control of\r\nits attorneys;

\r\n\r\n

Electronic documents that consist of communications between\r\nWESTERN HERITAGE and

\r\n\r\n

WEST COAST CLASSIC.” (Opp., Berberich Decl., Exhs. F, I.)

\r\n\r\n

\r\n\r\n

A privilege log must identify with\r\nparticularity each document the responding party claims is protected from\r\ndisclosure by a privilege and provide sufficient factual information for the\r\npropounding party and court to evaluate whether the claim has merit. (§\r\n2031.240, subds. (b) & (c); Wellpoint Health Networks, Inc. v. Superior\r\nCourt (1997) 59 Cal.App.4th 110, 130, 68 Cal.Rptr.2d 844.) The precise\r\ninformation required for an adequate privilege log will vary from case to case\r\nbased on the privileges asserted and the underlying circumstances. In\r\ngeneral, however, a privilege log typically should provide the identity and\r\ncapacity of all individuals who authored, sent, or received each allegedly\r\nprivileged document, the document's date, a brief description of the document\r\nand its contents or subject matter sufficient to determine whether the\r\nprivilege applies, and the precise privilege or protection asserted.

\r\n\r\n

\r\n\r\n

(Catalina Island Yacht Club v. Superior Court (2015)\r\n242 Cal.App.4th 1116, 1130 (emphasis added).) Defendants’ second supplemental\r\nresponses, therefore, do not meet their obligations to produce a privilege log.\r\n

\r\n\r\n

\r\n\r\n

An alternative argument by Defendants is that Plaintiff is\r\nnot entitled to production of the claims documents because they have no bearing\r\non a breach of contract case. Although not well articulated by the parties—who\r\nspend considerable time arguing that this action does not involve insurance bad\r\nfaith, which is not in dispute—Defendants’ position appears to be that the\r\nclaims files, claims material and adjustor’s notes are not relevant to the\r\nbreach of contract issue. The scope of discovery, however, is broad and\r\nincludes “any matter, not privileged, that is relevant to the subject matter\r\ninvolved in the pending action or to the determination of any motion made in\r\nthat action, if the matter either is itself admissible in evidence or appears\r\nreasonably calculated to lead to the discovery of admissible evidence.” (Code\r\nCiv. Proc., § 2017.010.) As\r\nPlaintiff points out, there is evidence that Defendant’s own appraiser\r\nestimated the damages to the vehicle at $16,602.98 and the vehicle was a “total\r\nloss.” (Opposition to Motion for Protective Order, Berberich Decl., ¶15 and\r\nExh. L.) Defendant WH, however, agreed to go forward with repairs and\r\nmade payment in the amount of $11,892.43 before refusing to make additional\r\npayments for repairs, rental car and storage fees. (Motions for Protective Order,\r\np. 3:8-9.) Information in the claims file could shed light on Defendants’\r\ndecision to work with Plaintiff to repair the vehicle and the terms of their\r\nagreement. Therefore, the documents sought by Plaintiff is within the scope of\r\ndiscoverable information.

\r\n\r\n

\r\n\r\n

Conclusion

\r\n\r\n

\r\n\r\n

Defendants Western Heritage Insurance and West Coast\r\nClassics, LLC are ordered to produce the documents sought in Request for\r\nProduction of Documents, Nos. 7-8 except for WH’s correspondence with its\r\nattorney that may be contained within the claim’s file. Defendants, may, if\r\nthey voluntarily choose, submit the matters for in camera review in the\r\nprocedure outlined in Costco in order for the court to determine if other\r\nrecords contain communications during the course of an attorney client\r\nrelationship. If Defendants elect to voluntarily submit the matters for review,\r\nthey are to lodge with the Court an unredacted copy under seal and a redacted\r\ncopy of the documents sought with a privilege log in conformity with the\r\nauthority cited above on a date and time to be scheduled with the court.

\r\n\r\n

The Court declines to award any sanctions finding that both\r\nparties positions acted with substantial justification.

Plaintiff to give notice.

\r\n\r\n\r\n\r\n\r\n\r\n

"
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