This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 11:23:55 (UTC).

MERCURY INSURANCE COMPANY VS MARIA R. ESCOBAR

Case Summary

On 01/05/2018 a Personal Injury - Motor Vehicle case was filed by MERCURY INSURANCE COMPANY against MARIA R ESCOBAR in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0513

  • Filing Date:

    01/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

ELAINE LU

 

Party Details

Plaintiffs

MERCURY INSURANCE COMPANY

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants and Cross Plaintiffs

ESCOBAR MARIA R.

ESCOBAR MARIA REFUJIO

Not Yet Classified and Cross Defendant

CLARIDGE DEIRDRE ANN

 

Court Documents

Notice (name extension) - Notice of related case

10/16/2018: Notice (name extension) - Notice of related case

Substitution of Attorney - Substitution of Attorney

5/13/2019: Substitution of Attorney - Substitution of Attorney

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

5/14/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Stipulation and Order (name extension) - Stipulation and Order to Consolidate Related Cases for All Purposes

5/22/2019: Stipulation and Order (name extension) - Stipulation and Order to Consolidate Related Cases for All Purposes

Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 05/22/2019

5/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 05/22/2019

Minute Order - Minute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...)

5/22/2019: Minute Order - Minute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...) of 05/22/2019

5/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...) of 05/22/2019

Minute Order - Minute Order (Nunc Pro Tunc Order)

5/22/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)

Answer

3/19/2018: Answer

Proof of Service by Substituted Service

2/5/2018: Proof of Service by Substituted Service

Summons - on Complaint

1/5/2018: Summons - on Complaint

Civil Case Cover Sheet

1/5/2018: Civil Case Cover Sheet

Complaint

1/5/2018: Complaint

Notice of Case Assignment - Limited Civil Case

1/5/2018: Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 01/08/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 09/11/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 06/20/2019
  • DocketNon-Jury Trial scheduled for 09/11/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/20/2019
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 09/11/2019 08:30 AM

    Read MoreRead Less
  • 06/20/2019
  • DocketCase special status: Consolidation Required; Start Date updated from 05/22/2019 to 05/22/2019

    Read MoreRead Less
  • 05/22/2019
  • DocketStipulation and Order to Consolidate Related Cases for All Purposes; Signed and Filed by: Maria Refujio Escobar (Cross-Complainant); As to: Maria R. Escobar (Defendant)

    Read MoreRead Less
  • 05/22/2019
  • DocketMinute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...)

    Read MoreRead Less
  • 05/22/2019
  • DocketCertificate of Mailing for Minute Order (Court Order Re: Defendants' Notice of Related Case and Stipul...) of 05/22/2019; Filed by: Clerk

    Read MoreRead Less
  • 05/22/2019
  • DocketThe case is placed in special status of: Consolidation Required

    Read MoreRead Less
  • 05/22/2019
  • DocketCase numbers 18STLC04043, 18STLC00513 are related; case number 18STLC00513 is the lead case.

    Read MoreRead Less
9 More Docket Entries
  • 03/14/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Maria Refujio Escobar (Defendant)

    Read MoreRead Less
  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

    Read MoreRead Less
  • 02/05/2018
  • DocketProof of Service by Substituted Service; Filed by: Mercury Insurance Company (Plaintiff); As to: Maria R. Escobar (Defendant); Proof of Mailing Date: 01/23/18; Service Cost: 149.00; Service Cost Waived: No

    Read MoreRead Less
  • 01/05/2018
  • DocketComplaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Maria R. Escobar (Defendant)

    Read MoreRead Less
  • 01/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff)

    Read MoreRead Less
  • 01/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 01/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 01/05/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 01/05/2018
  • DocketNon-Jury Trial scheduled for 07/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 01/05/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 01/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC00513    Hearing Date: December 17, 2019    Dept: 94

DEMURRER TO CROSS-COMPLAINT BY CROSS-DEFENDANT

(CCP §§ 430.10, 436)

TENTATIVE RULING:

Based on the foregoing, the hearing on Defendant Andre Springer, Sr.’s Motion to Vacate Default is PLACED OFF CALENDAR.

ANALYSIS:

I. Background

On January 5, 2019, Plaintiff Mercury Insurance Company (“Plaintiff Mercury”) filed a Complaint against Maria Escobar (“Defendant”) for property damages. On March 14, State Farm Mutual Automobile Insurance Company (“Plaintiff State Farm”) filed a subrogation action against for reimbursement for money paid to Plaintiff’s insured for property damage against Defendant. On May 15, 2019, Defendant filed a cross-complaint against Deirdre Ann Claridge (“Cross-Defendant”) for comparative indemnity, contribution, and declaratory relief. On May 22, 2019, the Court consolidated this action with State Farm v. Escobar, et al., 18STLC04043.

On October 4, 2019, Plaintiff State Farm and Cross-Defendant filed this Demurrer to Cross-Complaint by Cross-Defendant (“Demurrer”). On November 7, 2019, the Court found that Cross-Defendant had failed to meet and confer in person or by telephone prior to filing the demurrer and continued the hearing to December 17, 2019. (11/7/19 Minute Order.)

II. Discussion

  1. Meet and Confer Requirement

Code of Civil Procedure, section 430.31 requires that before filing a demurrer, the demurring party meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer to determine whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., § 430.31, subd. (a).) The demurring party must file a declaration stating either that the parties met and conferred without reaching an agreement resolving the objections raised in the demurrer or stating the party subject to the demurrer failed to respond to meet and confer efforts or otherwise failed to do so in good faith. (Id., subd. (a)(3)(A)-(B).

Cross-Defendant was ordered to file a declaration demonstrating compliance with the meet and confer requirement at least 16 days before the new hearing date. (11/7/19 Minute Order.) Cross-Defendant filed a declaration on November 20, 2019 stating the parties met and conferred over the phone over the issues raised in the Demurrer on November 19, 2019. (Magpapian Decl., ¶ 7.) Defendant’s counsel stated she would file an amendment to the Cross-Complaint to address the issues in the Demurrer. (Id.) The Court notes no such amendment has been filed.

Cross-Defendant has satisfied the meet and confer requirement.

  1. Joint Statement of the Issues

The parties were also ordered to file a joint statement of the issues that remain to be resolved with respect to the Demurrer at least 16 days before the continued hearing. (Id.) The court specifically noted that “[f]ailure to comply with the court’s orders may result in the Demurrer being placed off calendar, or further action as the Court may see fit.” (Id.)

The parties have not submitted the requested joint statement of the issues despite the Court’s warning that failure to do so could result in the Demurrer being placed off calendar. As a result, the Demurrer is PLACED OFF CALENDAR.

III. Conclusion

Based on the foregoing, the hearing on Cross-Defendant’s Demurrer is PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: 18STLC00513    Hearing Date: November 07, 2019    Dept: 94

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Counsel of record for Cross-Defendant Deirdre Ann Claridge and Cross-Complainant Maria Refujio Escobar are ordered to personally appear for the hearing on Cross-Defendant’s Demurrer as scheduled on November 7, 2019 at 10:30 am in Department 94.

Cross-Defendant Deirdre Ann Claridge’s Demurrer to the Cross-Complaint is CONTINUED TO DECEMBER 16, 2019 AT 10:30 AM IN DEPARTMENT 94.

MOTION: The Cross-Complaint fails to allege sufficient facts. Cross-Complainant Maria Refujio Escobar seeks indemnity and apportionment of fault from Cross-Defendant Deirdre Ann Claridge for any sums she is found to owe Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff, however, stands in the shoes of Cross-Defendant, who is not a joint tort-feasor with Cross-Complainant.

ANALYSIS:

On January 5, 2019, Plaintiff Mercury Insurance Company (“Plaintiff Mercury Insurance”) filed the instant action for automobile subrogation against Maria Refujio Escobar (“Cross-Complainant”). On May 15, 2019, Cross-Complainant filed a Cross-Complaint for comparative indemnity, contribution and declaratory relief against Cross-Defendant Deirdre Ann Claridge (“Cross-Defendant”). On May 22, 2019, the Court consolidated this action with State Farm v. Escobar, et al., 18STLC04043. Cross-Defendant filed the instant demurrer to the Cross-Complaint on October 4, 2019. To date, no opposition has been filed.

The Court finds that Cross-Defendant has not satisfied the meet and confer requirements set forth at Code of Civil Procedure, section 430.41. Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

The meet and confer declaration made by counsel for Cross-Defendant states only that a letter regarding the basis for the Demurrer was sent to counsel for Cross-Complainant on June 18, 2019. (Demurrer, Magpapian Decl., ¶9.) Nothing in the declaration or meet and confer letter indicates that the attorneys met in person, spoke on the phone, or made any attempt to do so. (Ibid.) Instead, the meet and confer letter demanded that Cross-Complainant dismiss the Cross-Complaint or the instant Demurrer would be filed. (Ibid.)

Accordingly, counsel of record for Cross-Defendant and Cross-Complainant are ordered to personally appear for the hearing on Cross-Defendants’ Demurrer as scheduled on November 7, 2019 at 10:30 am in Department 94. Counsel for both parties are to be prepared to conduct a complete and thorough meet and confer at that time. Following their appearance, the hearing on the Demurrer will be continued to December 16, 2019 at 10:30 am in Department 94. At least 16 court days prior to the new hearing date, Cross-Defendants are to file a declaration demonstrating compliance with the meet and confer requirement. Also, at least 16 court days prior to the new hearing date, the parties are to file a joint statement of the issues that remain to be resolved with respect to the Demurrer. Failure to comply with the court’s orders may result in the Demurrer being placed off calendar, or further action as the Court may see fit.

Moving party to give notice.