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This case was last updated from Los Angeles County Superior Courts on 04/15/2021 at 11:48:06 (UTC).

LUIS ERNESTO MUNOZ VS INFINITY INSURANCE COMPANY, ET AL.

Case Summary

On 10/22/2020 LUIS ERNESTO MUNOZ filed a Personal Injury - Motor Vehicle lawsuit against INFINITY INSURANCE COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8959

  • Filing Date:

    10/22/2020

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

MUNOZ LUIS ERNESTO

Defendants

INFINITY INSURANCE COMPANY

STATE FARMS INSURANCE

Attorney/Law Firm Details

Defendant Attorneys

BERNHARDT VICTORIA R

FARMER JOHN

 

Court Documents

Minute Order - Minute Order (Hearing on Ex Parte Application for Entry of Judgement of Dis...)

4/5/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for Entry of Judgement of Dis...)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

4/2/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration in Support of Ex Parte App

4/2/2021: Declaration (name extension) - Declaration in Support of Ex Parte App

Substitution of Attorney - Substitution of Attorney

3/18/2021: Substitution of Attorney - Substitution of Attorney

Notice (name extension) - Notice of Ruling on Demurrer to Complaint

3/8/2021: Notice (name extension) - Notice of Ruling on Demurrer to Complaint

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

3/1/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Request for Dismissal - Request for Dismissal

3/1/2021: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice of Association of Counsel on Behalf of Defendant State Farm Mutual Auto Ins Co

2/25/2021: Notice (name extension) - Notice of Association of Counsel on Behalf of Defendant State Farm Mutual Auto Ins Co

Notice (name extension) - Notice of Demurrer to Complaint

12/29/2020: Notice (name extension) - Notice of Demurrer to Complaint

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/29/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

12/29/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Declaration (name extension) - Declaration of Victoria R. Bernhardt

12/29/2020: Declaration (name extension) - Declaration of Victoria R. Bernhardt

Civil Case Cover Sheet - Civil Case Cover Sheet

10/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/22/2020: Complaint - Complaint

Summons - Summons on Complaint

10/22/2020: Summons - Summons on Complaint

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

10/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/22/2020: First Amended Standing Order - First Amended Standing Order

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

10/22/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10 More Documents Available

 

Docket Entries

  • 04/21/2022
  • Hearing04/21/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/09/2021
  • DocketNotice of Ruling; Filed by: STATE FARM MUTUAL AUTOMOBILE INS. CO. Erroneously Sued As State Farms Insurance (Defendant)

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  • 04/05/2021
  • DocketUpdated -- Ex Parte Application for Entry of Judgement of Dismissal Against Plaintiff: Filed By: STATE FARM MUTUAL AUTOMOBILE INS. CO. Erroneously Sued As State Farms Insurance (Defendant); Result: Denied; Result Date: 04/05/2021

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  • 04/05/2021
  • DocketEx Parte Application Ruling; Filed by: Clerk

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  • 04/05/2021
  • DocketHearing on Ex Parte Application for Entry of Judgement of Dismissal Against Plaintiff scheduled for 04/05/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 04/05/2021; Result Type to Held

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  • 04/05/2021
  • DocketMinute Order (Hearing on Ex Parte Application for Entry of Judgement of Dis...)

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  • 04/02/2021
  • DocketEx Parte Application Entry of Judgement of Dismissal; Filed by: STATE FARM MUTUAL AUTOMOBILE INS. CO. Erroneously Sued As State Farms Insurance (Defendant); As to: Luis Ernesto Munoz (Plaintiff)

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  • 04/02/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INS. CO. Erroneously Sued As State Farms Insurance (Defendant); As to: Luis Ernesto Munoz (Plaintiff)

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  • 04/02/2021
  • DocketDeclaration in Support of Ex Parte App; Filed by: STATE FARM MUTUAL AUTOMOBILE INS. CO. Erroneously Sued As State Farms Insurance (Defendant)

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  • 04/02/2021
  • DocketHearing on Ex Parte Application Entry of Judgement of Dismissal scheduled for 04/05/2021 at 01:30 PM in Spring Street Courthouse at Department 26

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17 More Docket Entries
  • 10/22/2020
  • DocketComplaint; Filed by: Luis Ernesto Munoz (Plaintiff); As to: Infinity Insurance Company (Defendant); State Farms Insurance (Defendant)

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  • 10/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/26/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/22/2020
  • DocketRequest to Waive Court Fees; Filed by: Luis Ernesto Munoz (Plaintiff)

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  • 10/22/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Luis Ernesto Munoz (Plaintiff)

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  • 10/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Luis Ernesto Munoz (Plaintiff)

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  • 10/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 10/22/2020
  • DocketNon-Jury Trial scheduled for 04/21/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

Case Number: 20STLC08959    Hearing Date: March 01, 2021    Dept: 26

Munoz v. Infinity Ins. Co., et al.

TENTATIVE RULING:

Defendant State Farm Mutual Automobile Insurance Company’s Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND WITHIN 10 DAYS.

ANALYSIS:

On October 22, 2020, Plaintiff Luis Ernesto Munoz (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendants Infinity Insurance Company and State Farm Mutual Automobile Insurance Company (“Defendant State Farm”) (erroneously sued as “State Farms Insurance”).

Defendant State Farm filed the instant Demurrer to the Complaint on December 29, 2020. To date, no opposition has been filed.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bernhardt Decl., ¶¶3-5.) Defendant State Farm demurs to the entire Complaint for failure to allege sufficient facts to state a cause of action and uncertainty. (Code Civ. Proc., § 430.10, subds. (e), (f).) Special demurrers are not permitted in a Court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).) Therefore, the Court will not rule on the demurrer for uncertainty.

The Complaint purports to allege a single cause of action for motor vehicle negligence. (Compl., ¶10(a).) The elements of negligence are duty, breach, causation and damages. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal. App. 4th 292, 318.) However, no factual allegations are attached in support of the cause of action, despite the Judicial Council Form Complaint requiring an attachment addressing each cause of action. (Id. at ¶10.) The Complaint does not allege facts showing what duty Defendant State Farm owed Plaintiff, how said duty was breached, or how that breach caused Plaintiff’s alleged property damages. (See id. at ¶¶10-11.)

A party may amend a complaint once without leave of court if the amended complaint is filed no later than the date that an opposition is due. (CCP § 472.) Oppositions are due no later than nine court days before the hearing date. (CCP § 10005(b).) Here, Plaintiff attempted to file an amended complaint on February 19, 2021, ten calendar days before the hearing date of March 1, 2021. As such, absent leave of the court, the clerk was obligated to reject the filing. It is in abuse of discretion for failing to grant leave to file an amended complaint “if there is any reasonable possibility” that Plaintiff can state a cause of action. (Temescal Water Co. v. Department of Public Works (1955) 44 Cal.3d 90, 107.) Plaintiff’s ill-fated effort in filing an amended complaint is sufficient for this court to infer that Plaintiff has met his low burden for leave to amend.

The Demurrer, therefore, is sustained with leave to amend.

Conclusion

Defendant State Farm Mutual Automobile Insurance Company’s Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND WITHIN 10 DAYS.

Moving party to give notice.

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