On 12/18/2018 IDS PROPERTY CASUALTY INSURANCE COMPANY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against ANGELA MARIE HERRERA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
*******5014
12/18/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
IDS PROPERTY CASUALTY INSURANCE COMPANY
HERRERA TIMOTHY JOHN
Alhambra, CA 91801
HERRERA ANGELA MARIE
Alhambra, CA 91801
MENDELSON LEE M
7/28/2020: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings; Hearing on M...)
11/14/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities
11/14/2019: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings
11/15/2019: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings
11/15/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities
11/15/2019: Declaration (name extension) - Declaration of Marc A. Schwarz
4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/12/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)
2/15/2019: Answer - Answer
2/13/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
2/15/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
2/1/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
2/1/2019: Answer - Answer
1/22/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
12/18/2018: Summons - Summons on Complaint
12/18/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
12/18/2018: Complaint - Complaint
Hearing12/21/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing04/06/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/06/2021 at 09:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 12/03/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/03/2020; Result Type to Held
DocketMinute Order (Hearing on Motion for Judgment on the Pleadings; Hearing on M...)
DocketCertificate of Mailing for (Hearing on Motion for Judgment on the Pleadings; Hearing on M...) of 10/15/2020; Filed by: Clerk
DocketHearing on Motion for Judgment on the Pleadings scheduled for 10/15/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/15/2020
DocketHearing on Motion for Judgment on the Pleadings scheduled for 10/15/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/15/2020
DocketMinute Order (Hearing on Motion for Judgment on the Pleadings; Hearing on M...)
DocketAnswer; Filed by: Timothy John Herrera (Defendant)
DocketProof of Service by Substituted Service; Filed by: IDS Property Casualty Insurance Company (Plaintiff); As to: Timothy John Herrera (Defendant); Proof of Mailing Date: 01/21/2019; Service Cost: 92.00; Service Cost Waived: No
DocketDeclaration DECLARATION OF NON SERVICE; Filed by: IDS Property Casualty Insurance Company (Plaintiff)
DocketNon-Jury Trial scheduled for 06/16/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: IDS Property Casualty Insurance Company (Plaintiff); As to: Angela Marie Herrera (Defendant); Timothy John Herrera (Defendant)
DocketCivil Case Cover Sheet; Filed by: IDS Property Casualty Insurance Company (Plaintiff); As to: Angela Marie Herrera (Defendant); Timothy John Herrera (Defendant)
DocketSummons on Complaint; Issued and Filed by: IDS Property Casualty Insurance Company (Plaintiff); As to: Angela Marie Herrera (Defendant); Timothy John Herrera (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC15014 Hearing Date: October 15, 2020 Dept: 25
HEARING DATE: Thu., October 15, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: IDS Property Casualty Insurance Co. v. Herrera, et al.
CASE NUMBER: 18STLC15014 COMP. FILED: 12-18-18
NOTICE: NO (con’t hearing) DISC. C/O: 11-03-20
MOTION C/O: 11-18-20
TRIAL DATE: 12-03-20
PROCEEDINGS: MOTION FOR JUDGMENT ON THE PLEADINGS (x2)
MOVING PARTY: Plaintiff IDS Property Casualty Insurance Company
RESP. PARTY: None
MOTION FOR JUDGMENT ON THE PLEADINGS
(CCP § 438)
TENTATIVE RULING:
Plaintiff IDS Property Casualty Insurance Company’s Motions for Judgment on the Pleadings are PLACED OFF CALENDAR.
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 October 9, 2020 [ ] Late [X] None
REPLY: None filed as of October 9, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On December 18, 2018, Plaintiff IDS Property Casualty Insurance Company (“Plaintiff”) filed this action for subrogation and indebtedness against Defendants Angela Marie Herrera (“Angela”) and Timothy John Herrera (“Timothy”) (collectively, “Defendants”). On February 1, 2019, Defendant Timothy filed an Answer, in pro per, and on February 15, 2019, Defendant Angela filed her Answer, in pro per.
On November 14, 2019, Plaintiff filed the instant Motions for Judgment on the Pleadings (the “Motions”), one for each Defendant.
At the initial July 28, 2020 hearing, the Court found that the Motions were not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 439. (7/28/20 Minute Order.) The Court noted that the insufficiency of party’s meet and confer efforts are not grounds to grant or deny a motion for judgment on the pleadings, but that did not mean Plaintiff’s counsel was free to wholly ignore the requirement. (Id.) Accordingly, Plaintiff’s counsel was ordered to meet and confer with Defendants and to file a declaration attesting to such efforts. (Id.) Plaintiff was ordered to give notice of the order and continued hearing. (Id.)
To date, Plaintiff’s counsel has not filed any declaration as requested or a proof of service demonstrating it gave Defendants notice of this hearing. Thus, the Motions are PLACED OFF CALENDAR.
II. Conclusion & Order
For the foregoing reasons, Plaintiff IDS Property Casualty Insurance Company’s Motions for Judgment on the Pleadings are PLACED OFF CALENDAR.
Moving party is ordered to give notice.
Case Number: 18STLC15014 Hearing Date: July 28, 2020 Dept: 25
HEARING DATE: Tue., July 28, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: IDS Property Casualty Insurance Co. v. Herrera, et al.
CASE NUMBER: 18STLC15014 COMP. FILED: 12-18-18
NOTICE: OK DISC. C/O: 11-03-20
MOTION C/O: 11-18-20
TRIAL DATE: 12-03-20
PROCEEDINGS: MOTION FOR JUDGMENT ON THE PLEADINGS (x2)
MOVING PARTY: Plaintiff IDS Property Casualty Insurance Company
RESP. PARTY: None
MOTION FOR JUDGMENT ON THE PLEADINGS
(CCP § 438)
TENTATIVE RULING:
Plaintiff IDS Property Casualty Insurance Company’s Motions for Judgment on the Pleadings are CONTINUED to OCTOBER 15, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions 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 July 24, 2020 [ ] Late [X] None
REPLY: None filed as of July 24, 2020 [ ] Late [X] None
ANALYSIS:
I. Background
On December 18, 2018, Plaintiff IDS Property Casualty Insurance Company (“Plaintiff”) filed this action for subrogation and indebtedness against Defendants Angela Marie Herrera (“Angela”) and Timothy John Herrera (“Timothy”) (collectively, “Defendants”). Defendant Timothy and Defendant Angela separately filed an Answer, in pro per, on February 1, 2019, and February 15, 2019, respectively.
On November 14, 2019, Plaintiff filed the instant Motions for Judgment on the Pleadings (the “Motions”), one for each Defendant. To date, no oppositions have been filed.
II. 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.)
When the moving party is a Plaintiff, he or she must demonstrate that the complaint states sufficient facts to constitute a cause of action and that the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., § 438, subd. (c)(1)(A).)
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.)
III. Discussion
A. Meet and Confer Requirement
As an initial matter, Court finds that Plaintiff has not satisfied the meet and confer requirements of Code of Civil Procedure, section 439. Section 439 requires that “[b]efore filing a motion for judgment on the pleading pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439, subd. (a).) (Emphasis added.) The parties must meet and confer at least five days before the date a motion for judgment on the pleadings is filed. (Code Civ. Proc., § 439, subd. (a)(2).) Thereafter, the moving party must file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 439, subd. (a)(3).)
Here, Plaintiff’s counsel’s declaration does not indicate that he met and conferred with Defendants, or that there was even an attempt to do so. (Motions, Schwarz Decl., ¶¶ 1-3.) Although a determination that the meet and confer process was insufficient is not grounds to grant or deny a motion for judgment on the pleadings, that does not mean Plaintiff’s counsel can wholly ignore the requirement. Thus, Plaintiff is ordered to meet and confer with Defendants and file a declaration attesting to such efforts.
IV. Conclusion & Order
For the foregoing reasons, Plaintiff IDS Property Casualty Insurance Company’s Motions for Judgment on the Pleadings are CONTINUED to OCTOBER 15, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions being placed off calendar or denied.
Moving party is ordered to give notice.