This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 02:16:34 (UTC).

ELLIE JONES VS CARLOS GARCIA VAQUEDANO

Case Summary

On 04/11/2019 ELLIE JONES filed a Personal Injury - Motor Vehicle lawsuit against CARLOS GARCIA VAQUEDANO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3612

  • Filing Date:

    04/11/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

JONES ELLIE

Defendant

VAQUEDANO CARLOS GARCIA

Not Classified By Court

ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES LLC

Attorney/Law Firm Details

Plaintiff Attorney

SALKOW ALAN MICHAEL

Not Classified By Court Attorney

MILLER SCOTT DAVID

 

Court Documents

Request for Dismissal - Request for Dismissal

10/14/2020: Request for Dismissal - Request for Dismissal

Motion for Leave to Intervene - Motion for Leave to Intervene

9/25/2019: Motion for Leave to Intervene - Motion for Leave to Intervene

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

11/4/2019: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Answer - Answer

11/5/2019: Answer - Answer

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

5/10/2019: Answer - Answer

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

5/13/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

Proof of Service by Substituted Service - Proof of Service by Substituted Service

4/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

4/11/2019: Summons - Summons on Complaint

Complaint - Complaint

4/11/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/11/2019: First Amended Standing Order - First Amended Standing Order

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

4/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 10/14/2020
  • DocketOn the Complaint filed by Ellie Jones on 04/11/2019, entered Request for Dismissal with prejudice filed by Ellie Jones as to Carlos Garcia Vaquedano

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  • 10/14/2020
  • DocketNon-Jury Trial scheduled for 12/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/14/2020

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  • 10/05/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 10/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/14/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/05/2020

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  • 10/05/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 12/10/2020 08:30 AM

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  • 06/02/2020
  • DocketAddress for Alan Michael Salkow (Attorney) updated

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  • 11/05/2019
  • DocketAnswer; Filed by: Enterprise Rent-A-Car Company of Los Angeles, LLC (Non-Party); As to: Ellie Jones (Plaintiff)

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  • 11/04/2019
  • DocketUpdated -- Motion for Leave to Intervene: Filed By: Enterprise Rent-A-Car Company of Los Angeles, LLC (Non-Party); Result: Granted; Result Date: 11/04/2019

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  • 11/04/2019
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 11/04/2019
  • DocketHearing on Motion for Leave to Intervene scheduled for 11/04/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/04/2019; Result Type to Held

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5 More Docket Entries
  • 05/10/2019
  • DocketAnswer; Filed by: Carlos Garcia Vaquedano (Defendant)

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  • 04/30/2019
  • DocketProof of Service by Substituted Service; Filed by: Ellie Jones (Plaintiff); As to: Carlos Garcia Vaquedano (Defendant); Proof of Mailing Date: 04/18/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 04/12/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/12/2019
  • DocketNon-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/12/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Ellie Jones (Plaintiff); As to: Carlos Garcia Vaquedano (Defendant)

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  • 04/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Ellie Jones (Plaintiff); As to: Carlos Garcia Vaquedano (Defendant)

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  • 04/11/2019
  • DocketComplaint; Filed by: Ellie Jones (Plaintiff); As to: Carlos Garcia Vaquedano (Defendant)

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Tentative Rulings

Case Number: 19STLC03612    Hearing Date: November 04, 2019    Dept: 94

Jones v. Vaquedano, et al.

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Motion of Proposed Intervenor Enterprise Rent-A-Car, LLC (“Enterprise”), on behalf of EAN Holdings, LLC to Intervene is GRANTED. ANSWER-IN-INTERVENTION TO BE FILED AND SERVED WITHIN TEN (10) DAYS.

ANALYSIS:

On April 11, 2019, Plaintiff Ellie Jones (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Carlos Garcia Vaquedano (“Defendant”). Defendant filed his Answer on May 10, 2019 and Proposed Intervenor Enterprise Rent-A-Car, LLC (“Enterprise”), on behalf of EAN Holdings, LLC filed the instant Motion to Intervene on September 25, 2019. To date, no opposition has been filed.

The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed when “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” (Code Civ. Proc., § 387, subd. (d)(1)(B).) Whether the petitioner has an interest in the matter in litigation is a question of fact that must be determined by the court before leave to file is granted. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515; In re Yokohama Special Bank (1948) 86 Cal.App.2d 545.) The burden rests on the one seeking to intervene to show that this is a proper case for intervention. (Muller, supra, 174 Cal.App.2d at 515.)

Enterprise argues that it is has a financial interest in this action as the owner of the vehicle being driven by Defendant at the time of the subject motor vehicle accident. It points out that under Cal. Vehicle Code section 16020, owners of vehicles are required to demonstrate financial responsibility. Enterprise submits proof that it is the owner the subject vehicle and met its financial responsibility obligations with a cash deposit, which will likely be used to pay for damages awarded in this action. (Motion, DeMarchi Decl., ¶¶4-6 and Exhs. 1-2.) Indeed, that is the very purpose of the cash deposit. (Mercury Ins. Co. v. Enterprise Rent-A-Car Co. of Los Angeles (2000) 80 Cal.App.4th 41, 44 (holding that “Enterprise complies with California's financial responsibility laws by posting a cash deposit pursuant to Vehicle Code section 16054.2.”).)

Based on the foregoing, the court finds that Enterprise has an interest in this action based on the possibility damages to Plaintiff will be paid out of the cash deposit. (Nor will its intervention enlarge the issues in this action, as it will simply assert defenses on Defendant’s behalf. (Reliance Ins. Co., supra at 386 (citing Truck Ins. Exch. v. Superior Court (1997) 60 Cal.App.4th 342, 346).) Finally, there is no opposition to the request to intervene.

Based on the foregoing, the Motion to Intervene is GRANTED. ANSWER-IN-INTERVENTION TO BE FILED AND SERVED WITHIN TEN (10) DAYS.

Moving party to give notice.