This case was last updated from Los Angeles County Superior Courts on 10/06/2019 at 03:53:07 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE VS SHAYNE WEST

Case Summary

On 03/27/2019 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE filed a Contract - Insurance lawsuit against SHAYNE WEST. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3027

  • Filing Date:

    03/27/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INSURANCE EXCHANGE

Defendant

WEST SHAYNE

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD F.

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/6/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019

9/6/2019: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019

Notice of Settlement - Notice of Settlement

7/8/2019: Notice of Settlement - Notice of Settlement

Answer - Answer

4/29/2019: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

4/30/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

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

5/9/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

3/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

3/27/2019: Summons - Summons on Complaint

Complaint - Complaint

3/27/2019: Complaint - Complaint

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

3/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/27/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 09/06/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 09/06/2019
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019; Filed by: Clerk

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  • 09/06/2019
  • DocketOn the Complaint filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE on 03/27/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 09/06/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/06/2019; Result Type to Held

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  • 07/08/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/08/2019
  • DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019

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  • 07/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019

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  • 07/08/2019
  • DocketNotice of Settlement; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); Vacate Future Dates: No

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  • 05/09/2019
  • DocketProof of Service by Substituted Service; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant); Proof of Mailing Date: 04/23/2019; Service Cost: 120.00; Service Cost Waived: No

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  • 04/30/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: SHAYNE WEST (Defendant); Result: Granted; Result Date: 04/30/2019; As To Parties: SHAYNE WEST (Defendant)

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1 More Docket Entries
  • 04/29/2019
  • DocketRequest to Waive Court Fees; Filed by: SHAYNE WEST (Defendant)

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  • 04/29/2019
  • DocketAnswer; Filed by: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/27/2019
  • DocketComplaint; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketCivil Case Cover Sheet; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketSummons on Complaint; Issued and Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/27/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03027    Hearing Date: February 22, 2021    Dept: 26


Case Number: 19STLC06032    Hearing Date: February 22, 2021    Dept: 26

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Precy Baltazar’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. DEFENDANT TO FILE PROPOSED JUDGMENT OF DISMISSAL WITHIN 10 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 27, 2019, Plaintiff Misty Jenks (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendant Precy Baltazar (“Defendant”). Following the Court’s order granting Defendant’s motion to quash service of the Summons and Complaint, the parties stipulated to service of the Summons and Complaint on Defendant. (Stip, filed 11/16/20.)

Defendant filed the instant Demurrer to the Complaint on December 18, 2020. Plaintiff filed an opposition on February 16, 2021.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bakshandeh Decl., ¶3 and Exh. B.)

Defendant demurs to the Complaint for failure to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, Defendant contends the Complaint is barred by the two-year statute of limitations for personal injuries set forth at Code of Civil Procedure section 335.1. A demurrer based on the statute of limitations may only be sustained where the defect affirmatively appears on the face of the pleading. (Childs v. State of California (1983) 144 Cal.App.3d 155, 161.)

Plaintiff is correct that “[a]n action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” must be brought within two years of the wrongful act. (See Prudential Home Mortgage Co. v. Superior Court (1998) 66 Cal.App.4th 1236, 1246 [holding that the general rule is that a cause of action accrues when the wrongful act is done and not at the time of plaintiff’s discovery, but under the delayed discovery rule, a cause of action will not accrue until the plaintiff discovers or should have discovered, through the exercise of reasonable diligence, all the facts essential to the cause of action].)

Here, the Complaint alleges that the motor vehicle accident occurred on August 14, 2014. (Compl.. ¶MV-1.) Nor are there any facts to indicate the delayed discovery rule applies. (Id. at p. 5.) The instant action, however, was not filed until June 27, 2019, almost four years after the accident. Therefore, the Complaint demonstrates on its face that Plaintiff’s personal injury claims are barred by the statute of limitations.

Regarding the opposition filed by Plaintiff on February 16, 2021, the Court finds no basis to overrule the Demurrer. There is no indication the opposition was served on Defendant, was filed grossly untimely, and improperly relies on facts outside the pleadings and of which no request for judicial notice has been made. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [it has long been the law that a demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable].) Nor has Plaintiff demonstrated that the Complaint can be amended to set forth the necessary facts, as is her burden. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)

Conclusion

Defendant Precy Baltazar’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

Case Number: 19STLC03027    Hearing Date: January 21, 2020    Dept: 26

: Interinsurance Exchange of the Automobile Club v. West, et al.

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

PLAINTIFF INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB’S MOTION TO SET ASIDE DISMISSAL IS GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 6, 2019 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.

ANALYSIS:

On March 27, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Shayne West (“Defendant”). On July 8, 2019, Plaintiff filed a Notice of Settlement of Entire Case. The Court set an OSC re dismissal and entry of default for September 6, 2019. When no party appeared for the OSC, the Court dismissed the entire action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on November 20, 2019. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

The Motion is timely brought six months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that he mis-calendared the OSC. (Motion, Tapper Decl., ¶¶2-4.) Plaintiff also demonstrates that the parties have reached a settlement in this action. (Id. at ¶2.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 6, 2019 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.

Moving party to give notice.

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