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This case was last updated from Los Angeles County Superior Courts on 03/24/2021 at 00:19:38 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4451

  • Filing Date:

    05/07/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured 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

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

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)

Notice of Ruling - Notice of Ruling

3/22/2021: Notice of Ruling - Notice of Ruling

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

8/17/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

Demand for Jury Trial - Demand for Jury Trial

7/16/2019: Demand for Jury Trial - Demand for Jury Trial

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

Summons - Summons on Complaint

5/7/2019: Summons - Summons on Complaint

Complaint - Complaint

5/7/2019: Complaint - Complaint

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

3 More Documents Available

 

Docket Entries

  • 09/20/2021
  • Hearing09/20/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/22/2021
  • DocketUpdated -- Motion for Leave TO FILE A FIRST AMENDED COMPLAINT: Filed By: Insurance Company of the West (Plaintiff); Result: Denied; Result Date: 03/22/2021

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  • 03/22/2021
  • DocketNotice of Ruling; Filed by: Target Corporation (Defendant)

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  • 03/22/2021
  • DocketMinute Order (Hearing on Motion for Leave to File First Amended Complaint)

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  • 03/22/2021
  • DocketHearing on Motion for Leave to File First Amended Complaint scheduled for 03/22/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/22/2021; Result Type to Held - Motion Denied

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  • 03/19/2021
  • DocketUpdated -- Motion for Leave TO FILE A FIRST AMENDED COMPLAINT: Name Extension changed from NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER V. FITZPATRICK to TO FILE A FIRST AMENDED COMPLAINT; As To Parties: removed

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  • 02/23/2021
  • DocketOpposition to Plaintiff's Motion for Leave to File First Amended Complaint; Declaration of R. Derek Classen in Support Thereof; Filed by: Target Corporation (Defendant)

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  • 10/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 10/01/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/20/2021 08:30 AM

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  • 10/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/10/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/01/2020

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

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  • 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

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

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  • 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

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

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

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

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

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

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

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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.

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