This case was last updated from Los Angeles County Superior Courts on 07/13/2020 at 02:46:12 (UTC).

FARMERS INSURANCE EXCHANGE VS ROBERTO JARAMILLO

Case Summary

On 08/14/2018 FARMERS INSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against ROBERTO JARAMILLO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0585

  • Filing Date:

    08/14/2018

  • Case Status:

    Pending - Other Pending

  • 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

FARMERS INSURANCE EXCHANGE

Defendant and Cross Plaintiff

JARAMILLO ROBERTO

Cross Defendant

AUBE ELISE

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN MARY

Defendant and Cross Plaintiff Attorney

NIVINSKUS MARK ROBERT

Cross Defendant Attorney

CADENA MEGAN A.

 

Court Documents

Notice of Ruling - Notice of Ruling

7/7/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

6/30/2020: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

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

5/14/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

12/20/2019: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

Ex Parte Application (name extension) - Ex Parte Application to Advance Hearing Date on Motion for Judgment on the Pleadings or to Continue Trial

1/8/2020: Ex Parte Application (name extension) - Ex Parte Application to Advance Hearing Date on Motion for Judgment on the Pleadings or to Continue Trial

Ex Parte Application (name extension) - Ex Parte Application for an Order Shortening Time to Hear Cross-Defendants Motion for Judgment

1/8/2020: Ex Parte Application (name extension) - Ex Parte Application for an Order Shortening Time to Hear Cross-Defendants Motion for Judgment

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Shortening Time ...)

1/9/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Shortening Time ...)

Notice of Ruling - Notice of Ruling

1/13/2020: Notice of Ruling - Notice of Ruling

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

6/4/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Declaration re: Due Diligence - Declaration re: Due Diligence

6/5/2019: Declaration re: Due Diligence - Declaration re: Due Diligence

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

6/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Cross Complaint

10/19/2018: Summons - Summons on Cross Complaint

Answer - Answer

10/19/2018: Answer - Answer

Cross-Complaint - Cross-Complaint

10/19/2018: Cross-Complaint - Cross-Complaint

Proof of Service by Substituted Service

8/27/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

8/14/2018: Civil Case Cover Sheet

Complaint

8/14/2018: Complaint

Notice of Case Assignment - Limited Civil Case

8/14/2018: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 08/11/2021
  • Hearing08/11/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 07/09/2020
  • DocketNon-Appearance Case Review re lodging of cross-defendant's proposed order granting judgment on the pleadings scheduled for 07/10/2020 at 02:00 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/09/2020

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  • 07/07/2020
  • DocketNotice of Ruling; Filed by: Elise Aube (Cross-Defendant)

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  • 06/30/2020
  • DocketUpdated -- Motion for Judgment on the Pleadings: Filed By: Elise Aube (Cross-Defendant); Result: Granted; Result Date: 06/30/2020

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  • 06/30/2020
  • DocketNon-Appearance Case Review re lodging of cross-defendant's proposed order granting judgment on the pleadings scheduled for 07/10/2020 at 02:00 PM in Spring Street Courthouse at Department 26

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  • 06/30/2020
  • DocketMinute Order (Hearing on Motion for Judgment on the Pleadings)

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  • 06/30/2020
  • DocketHearing on Motion for Judgment on the Pleadings scheduled for 06/30/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/30/2020; Result Type to Held - Motion Granted

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  • 05/14/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/14/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 07/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 08/11/2021 08:30 AM

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  • 05/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/17/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/14/2020

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20 More Docket Entries
  • 10/19/2018
  • DocketAnswer; Filed by: Roberto Jaramillo (Defendant)

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  • 10/19/2018
  • DocketSummons on Cross Complaint; Issued and Filed by: Clerk

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  • 08/27/2018
  • DocketProof of Service by Substituted Service; Filed by: Farmers Insurance Exchange (Plaintiff); As to: Roberto Jaramillo (Defendant); Proof of Mailing Date: 08/19/2018; Service Cost: 75.50; Service Cost Waived: No

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  • 08/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/14/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/14/2018
  • DocketCivil Case Cover Sheet; Filed by: Farmers Insurance Exchange (Plaintiff)

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  • 08/14/2018
  • DocketComplaint; Filed by: Farmers Insurance Exchange (Plaintiff); As to: Roberto Jaramillo (Defendant)

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  • 08/14/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/14/2018
  • DocketNon-Jury Trial scheduled for 02/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/14/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10585    Hearing Date: June 30, 2020    Dept: 26

Farmers Insurance Exchange v. Jaramillo, et al.

JUDGMENT ON THE PLEADINGS

(CCP § 438)

TENTATIVE RULING:

Cross-Defendant Elise Aube’s Motion for Judgment on the Pleadings on the Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On August 14, 2018, Plaintiff Farmers Insurance Exchange (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Roberto Jamarillo (“Cross-Complainant”). On October 19, 2018, Cross-Complainant filed a Cross-Complaint for indemnity and apportionment of fault against Cross-Defendant Elise Aube (“Cross-Defendant”). Cross-Defendant filed the instant Motion for Judgment on the Pleadings to the Cross-Complaint on December 20, 2019. 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.)

Additionally, a motion for judgment on the pleadings must be accompanied by a meet and confer 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. (Code Civ. Proc., § 439.)

Discussion

The Court finds that the Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 439. (Motion, Kashian Decl., ¶11.) Cross-Defendant contends that Cross-COmplainant fails to allege facts to support a cause of action. (Citing Code Civ. Proc., § 438, subd. (c)(1)(B)(ii).) The Cross-Complaint alleges causes of action for indemnification and apportionment of fault.

1st Cause of Action for Indemnification

Although the Cross-Complaint does not specify the type of indemnification—express, implied or equitable—the allegations make it clear only the equitable kind is at issue. “A right of equitable indemnity can arise only if the prospective indemnitor and indemnitee are mutually liable to another person for the same injury.” (Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153, 1177.) There is no allegation here that the parties are liable to a third party other than Plaintiff. (See Cross-Compl., ¶7.) Plaintiff, however, is only bringing this action as Cross-Defendant’s subrogee and simply stands in her shoes. (See Compl., ¶9; Fireman's Fund Ins. Co. v. Maryland Cas. Co. (1998) 65 Cal.App.4th 1279, 1292.) Therefore, there is no “other person” to whom Cross-Defendant is liable. To the extent Cross-Complainant contends Cross-Defendant’s own negligence caused the accident, this is set forth as an affirmative defense and will be resolved via the Complaint. (See Answer, filed 10/19/18, ¶4.)

Judgment on the pleadings is appropriate as to the first cause of action.

2nd Cause of Action for Apportionment of Fault

Apportionment of fault similarly requires a separate party to whom the alleged joint-tortfeasors are liable. (See Paragon Real Estate Group of San Francisco, Inc. v. Hansen (2009) 178 Cal.App.4th 177, 182.) Therefore, judgment on the pleadings is appropriate as to the second cause of action.

Leave to Amend

There can be no cross-claim against Cross-Defendant for damages Plaintiff incurred as her insurer. Cross-Complainant, therefore, has not shown that leave to amend is proper. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)

Conclusion

Cross-Defendant Elise Aube’s Motion for Judgment on the Pleadings on the Cross-Complaint is GRANTED WITHOUT LEAVE TO AMEND.

Moving party to give notice.