This case was last updated from Los Angeles County Superior Courts on 05/09/2021 at 16:44:06 (UTC).

EVEREST NATIONAL INSURANCE COMPANY VS NATALIE HERNANDEZ, ET AL.

Case Summary

On 11/05/2020 EVEREST NATIONAL INSURANCE COMPANY filed a Contract - Insurance lawsuit against NATALIE 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 SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9390

  • Filing Date:

    11/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

EVEREST NATIONAL INSURANCE COMPANY

Defendants

HERNANDEZ NATALIE

ALLIANCE UNITED INSURANCE COMPANY

DOES 1 - 50 INCLUSIVE

DENKOVSKI VIDE

BROWN QUINCY

Attorney/Law Firm Details

Plaintiff Attorneys

MEYER-MORRIS DEBORAH

KRAMER JEFFREY

 

Court Documents

Notice (name extension) - Notice OF DEPOSIT

11/10/2020: Notice (name extension) - Notice OF DEPOSIT

Summons - Summons on Complaint

11/9/2020: Summons - Summons on Complaint

Complaint - Complaint

11/5/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/5/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/5/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/5/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Amended Complaint - Amended Complaint

11/13/2020: Amended Complaint - Amended Complaint

Minute Order - Minute Order (Court Order) of 12/18/2020

12/18/2020: Minute Order - Minute Order (Court Order) of 12/18/2020

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 12/18/2020

12/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 12/18/2020

Proof of Personal Service - Proof of Personal Service

12/14/2020: Proof of Personal Service - Proof of Personal Service

Notice of Related Case - Notice of Related Case

11/9/2020: Notice of Related Case - Notice of Related Case

Notice of Ruling - Notice of Ruling

12/29/2020: Notice of Ruling - Notice of Ruling

Request for Dismissal - Request for Dismissal

1/8/2021: Request for Dismissal - Request for Dismissal

1 More Documents Available

 

Docket Entries

  • 01/08/2021
  • DocketOn the Complaint filed by EVEREST NATIONAL INSURANCE COMPANY on 11/05/2020, entered Request for Dismissal with prejudice filed by EVEREST NATIONAL INSURANCE COMPANY as to QUINCY BROWN

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  • 01/08/2021
  • DocketAddress for Jeffrey Kramer (Attorney) null

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  • 01/08/2021
  • DocketAddress for DEBORAH MEYER-MORRIS (Attorney) null

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  • 12/29/2020
  • DocketNotice of Ruling; Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff)

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  • 12/18/2020
  • DocketMinute Order (Court Order) of 12/18/2020

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  • 12/18/2020
  • DocketCertificate of Mailing for (Court Order) of 12/18/2020; Filed by: Clerk

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  • 12/18/2020
  • DocketCase reassigned to Spring Street Courthouse in Department 25 - Hon. James E. Blancarte

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  • 12/18/2020
  • DocketCase numbers 20STLC00621, 20STLC09390 are related; case number 20STLC00621 is the lead case.

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  • 12/18/2020
  • DocketNon-Jury Trial scheduled for 05/05/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 12/18/2020

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  • 12/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 12/18/2020

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2 More Docket Entries
  • 11/10/2020
  • DocketNotice OF DEPOSIT; Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff); As to: NATALIE HERNANDEZ (Defendant); VIDE DENKOVSKI (Defendant); QUINCY BROWN (Defendant)

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  • 11/09/2020
  • DocketNotice of Related Case; Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff)

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  • 11/09/2020
  • DocketSummons on Complaint; Issued and Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff); As to: NATALIE HERNANDEZ (Defendant); VIDE DENKOVSKI (Defendant); QUINCY BROWN (Defendant) et al.

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  • 11/06/2020
  • DocketNon-Jury Trial scheduled for 05/05/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/06/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/05/2020
  • DocketComplaint; Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff); As to: NATALIE HERNANDEZ (Defendant); VIDE DENKOVSKI (Defendant); QUINCY BROWN (Defendant) et al.

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  • 11/05/2020
  • DocketCivil Case Cover Sheet; Filed by: EVEREST NATIONAL INSURANCE COMPANY (Plaintiff); As to: NATALIE HERNANDEZ (Defendant); VIDE DENKOVSKI (Defendant); QUINCY BROWN (Defendant) et al.

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  • 11/05/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/05/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC09390    Hearing Date: May 17, 2021    Dept: 25

PROCEEDINGS: MOTION TO CONSOLIDATE

MOVING PARTY: Defendant Julio Garcia Perez

RESP. PARTY: None

MOTION TO CONSOLIDATE

(CCP § 1048; CRC 3.350)

TENTATIVE RULING:

Defendant Julio Garcia Perez’s Motion to Consolidate is CONTINUED TO JUNE 17, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant Perez must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of May 13, 2021 [ ] Late [X] None

REPLY: None filed as of May 13, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On January 21, 2020, Plaintiff Natalie Hernandez (“Hernandez”) filed an action alleging motor vehicle negligence and general negligence against Defendant Julio Garcia Perez (“Perez”). Perez filed an Answer, in pro per, on July 28, 2020. On August 6, 2020, Perez filed an Amended Answer and a substitution of attorney.

Defendant Perez filed a Notice of Related Case on November 30, 2020 seeking to relate this action to Everest National Insurance Co. v. Hernandez, et al., Case No. 20STLC09390 (the “Interpleader Case”). On December 8, 2020, the Court found this case and the Interpleader Case related within the meaning of California Rules of Court, rule 3.300, subdivision (a), and designated this case as the “lead case.” (12/18/20 Minute Order.)

On April 14, 2021, Defendant Perez filed the instant Motion to Consolidate (the “Motion”). No opposition was filed.

II. Legal Standard

California Rules of Court, rule 3.350, subdivision (a) states in relevant part:

“(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest-numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest-numbered case;

(B) Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.”

(Cal. Rules of Court, rule 3.350, subd. (a).) (Emphasis added.) Also, the consolidation statute, Code of Civil Procedure section 1048, states in relevant part:

(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

(Code Civ. Proc., § 1048, subd. (a).) The granting or denial of the motion to consolidate rests in the sound discretion of the trial court and will not be reversed except upon a clear showing of abuse of discretion. (See Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.)

III. Discussion

Defendant Perez seeks to consolidate this action with the Interpleader Case. (Mot., p. 3:3-14.)

Initially, the Court notes that the Motion does not satisfy the requirements of California Rules of Court, rule 3.350. Specifically, the Notice of Motion does not list all named parties in each case, identify those parties that have appeared, and name their respective attorneys of record, if any. (Id. at p. 1.) It also does not contain the captions of both cases and their respective case numbers. (Id.) Further, the notice of Motion and Motion were not filed in the Interpleader Case.

Thus, the matter is continued to allow Defendant Perez an opportunity to satisfy these requirements.

IV. Conclusion & Order

For the foregoing reasons, Defendant Julio Garcia Perez’s Motion to Consolidate is CONTINUED TO JUNE 17, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant Perez must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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