This case was last updated from Los Angeles County Superior Courts on 09/22/2021 at 01:45:50 (UTC).

INSURANCE COMPANY OF THE WEST VS TARGET CORPORATION

Case Summary

On 05/07/2019 INSURANCE COMPANY OF THE WEST filed a Personal Injury - Uninsured Motor Vehicle lawsuit against TARGET CORPORATION. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4451

  • Filing Date:

    05/07/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

INSURANCE COMPANY OF THE WEST

Defendant

TARGET CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

MCCARTHY DANIEL B.

FITZPATRICK PETER

Defendant Attorney

CLASSEN ROGER DEREK

 

Court Documents

Declaration (name extension) - Declaration Declaration of Peter V. Fitzpatrick

3/25/2021: Declaration (name extension) - Declaration Declaration of Peter V. Fitzpatrick

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Shorten Time

3/25/2021: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Shorten Time

Opposition (name extension) - Opposition to Plaintiff's Ex Parte Application to Shorten Time to Set Motion for Leave to File a First Amended Complaint; Declaration of R. Derek Classen in Support There

3/26/2021: Opposition (name extension) - Opposition to Plaintiff's Ex Parte Application to Shorten Time to Set Motion for Leave to File a First Amended Complaint; Declaration of R. Derek Classen in Support There

Order (name extension) - Ruling on Ex Parte Application

3/29/2021: Order (name extension) - Ruling on Ex Parte Application

Minute Order - Minute Order (Hearing on Ex Parte Application to Shorten Time to Set Motion...)

3/29/2021: Minute Order - Minute Order (Hearing on Ex Parte Application to Shorten Time to Set Motion...)

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

8/12/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice of Settlement - Notice of Settlement

8/12/2021: Notice of Settlement - Notice of Settlement

Request for Dismissal - Request for Dismissal

8/30/2021: Request for Dismissal - Request for Dismissal

Opposition (name extension) - Opposition to Plaintiff's Motion for Leave to File First Amended Complaint; Declaration of R. Derek Classen in Support Thereof

2/23/2021: Opposition (name extension) - Opposition to Plaintiff's Motion for Leave to File First Amended Complaint; Declaration of R. Derek Classen in Support Thereof

Minute Order - Minute Order (Hearing on Motion for Leave to File First Amended Complaint)

3/22/2021: Minute Order - Minute Order (Hearing on Motion for Leave to File First Amended Complaint)

Motion for Leave (name extension) - Motion for Leave NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER V. FITZPATRICK

8/27/2020: Motion for Leave (name extension) - Motion for Leave NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER V. FITZPATRICK

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

10/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Substitution of Attorney - Substitution of Attorney

4/1/2020: Substitution of Attorney - Substitution of Attorney

Answer - Answer

7/16/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

5/22/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

5/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

5/7/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

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

5/7/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 09/01/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/01/2021

    Read MoreRead Less
  • 08/31/2021
  • DocketAddress for peter fitzpatrick (Attorney) null

    Read MoreRead Less
  • 08/30/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 08/30/2021
  • DocketOn the Complaint filed by Insurance Company of the West on 05/07/2019, entered Request for Dismissal with prejudice filed by Insurance Company of the West as to the entire action

    Read MoreRead Less
  • 08/30/2021
  • DocketReset - Court Unavailable, Order to Show Cause Re: Dismissal (Settlement) scheduled for 09/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 10/20/2021 09:30 AM

    Read MoreRead Less
  • 08/12/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 08/12/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

    Read MoreRead Less
  • 08/12/2021
  • DocketJury Trial scheduled for 09/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/12/2021

    Read MoreRead Less
  • 03/29/2021
  • DocketUpdated -- Ex Parte Application to Shorten Time to Set Motion for Leave to File First Amended Complaint: Filed By: Insurance Company of the West (Plaintiff); Result: Denied; Result Date: 03/29/2021

    Read MoreRead Less
  • 03/29/2021
  • DocketRuling on Ex Parte Application; Signed and Filed by: Clerk; As to: Target Corporation (Defendant)

    Read MoreRead Less
22 More Docket Entries
  • 07/16/2019
  • DocketDemand for Jury Trial; Filed by: Target Corporation (Defendant)

    Read MoreRead Less
  • 05/22/2019
  • DocketProof of Personal Service; Filed by: Insurance Company of the West (Plaintiff); As to: Target Corporation (Defendant); Service Date: 05/17/2019; Service Cost: 65.00; Service Cost Waived: No

    Read MoreRead Less
  • 05/08/2019
  • DocketNon-Jury Trial scheduled for 11/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/10/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/08/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 05/07/2019
  • DocketComplaint; Filed by: Insurance Company of the West (Plaintiff); As to: Target Corporation (Defendant)

    Read MoreRead Less
  • 05/07/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Insurance Company of the West (Plaintiff); As to: Target Corporation (Defendant)

    Read MoreRead Less
  • 05/07/2019
  • DocketCivil Case Cover Sheet; Filed by: Insurance Company of the West (Plaintiff); As to: Target Corporation (Defendant)

    Read MoreRead Less
  • 05/07/2019
  • DocketSummons on Complaint; Issued and Filed by: Insurance Company of the West (Plaintiff); As to: Target Corporation (Defendant)

    Read MoreRead Less
  • 05/07/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC04451    Hearing Date: March 22, 2021    Dept: 26

Insurance Company of the West v. Target Corp., et al.

LEAVE TO AMEND PLEADING

(CCP §§ 473(a), 576; CRC Rule 3.1324)

TENTATIVE RULING:

Plaintiff Insurance Company of the West’s Motion for Leave to File a First Amended Complaint is DENIED.

ANALYSIS:

On May 7, 2019, Plaintiff Insurance Company of the West (“Plaintiff”) brought suit for insurance subrogation against Defendant Target Corporation (“Defendant”). On April 1, 2020, Plaintiff substituted in new counsel. On August 27, 2020, Plaintiff filed the instant Motion for Leave to Amend Complaint. Defendant filed an opposition on February 23, 2021.

Discussion

Plaintiff moves for leave to add one of Defendant’s vendors, PestSure, to the action. Plaintiff contends that PestSure is a necessary party to the action following investigation and discovery into the cause of its insured’s injuries. (Motion, p. 3:11-13.)

Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. Also, a motion for leave to amend a pleading must also comply with the procedural requirements of California Rules of Court, Rule 3.1324, which requires a supporting declaration to set forth explicitly what allegations are to be added and where, and explicitly stating what new evidence was discovered warranting the amendment and why the amendment was not made earlier. The motion must also include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a declaration specifying the effect, necessity and propriety of the amendments, date of discovery and reasons for delay. (Cal. Rules of Court, Rule 3.1324, subds. (a), (b).)

Plaintiff’s motion does not comply with Rule 3.1324 with respect to the contents of the motion and inclusion of a supporting declaration. (See Cal. Rules of Court, Rule 3.1324, subds. (a), (b).) Most importantly, no declaration is filed in support of the Motion. Nor does Plaintiff’s Motion include any of the information that must be included in the declaration. Plaintiff does not explain when it discovered information about PestSure and why the amendment could not be made earlier. Nor does the Motion set forth in detail what allegations are to be added or deleted to the Complaint, and where those changes are to be made. Finally, no copy of the proposed First Amended Complaint is attached or filed. Rule 3.1324’s requirements are mandatory and failure to comply with the Rule is a basis to deny the Motion.

Additionally, Defendant argues in opposition that the Motion should be denied based on Plaintiff’s inexcusable delay and the prejudice Defendant would suffer if amendment were allowed. The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, “[a] different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Ibid.) Defendant presents evidence that Plaintiff’s former counsel was aware of PestSure’s involvement in the subject incident, based on a letter sent by Plaintiff’s former counsel’s office to defense counsel that mentioned PestSure by name. (Opp., Classen Decl., Exh. A.) The letter is dated July 23, 2019 and demonstrates Plaintiff inexplicably delayed in seeking leave to amend. (Ibid.) However, Defendant has not shown that it would be prejudiced by amendment, the trial date having been moved to September 20, 2021.

Conclusion

Plaintiff Insurance Company of the West’s Motion for Leave to File a First Amended Complaint is DENIED.

Defendant to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where INSURANCE COMPANY OF THE WEST is a litigant

Latest cases where Target Corporation, a Minnesota corporation is a litigant

Latest cases represented by Lawyer FITZPATRICK PETER

Latest cases represented by Lawyer MCCARTHY DANIEL B.