This case was last updated from Los Angeles County Superior Courts on 09/24/2020 at 01:43:28 (UTC).

MERCURY INSURANCE COMPANY VS VIRGINIA SUMUANO PEREZ, ET AL.

Case Summary

On 05/05/2020 MERCURY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against VIRGINIA SUMUANO PEREZ. 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 Dockets

 

Case Details

  • Case Number:

    *******3809

  • Filing Date:

    05/05/2020

  • 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

MERCURY INSURANCE COMPANY

Defendants

DOES 1 THROUGH 50

PEREZ VIRGINIA SUMUANO

ALCALAN BELISARIO PEREZ

Attorney/Law Firm Details

Plaintiff Attorney

THAI MIN NHU

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 05/09/2023
  • Hearing05/09/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/02/2021
  • Hearing11/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/22/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike; Hearing on De...)

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  • 09/22/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 09/22/2020 at 02:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 09/22/2020; Result Type to Held

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  • 09/22/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 09/22/2020 at 02:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 09/22/2020; Result Type to Held

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  • 09/21/2020
  • DocketAnswer; Filed by: Virginia Sumuano Perez (Defendant); As to: Mercury Insurance Company (Plaintiff)

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  • 09/10/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 09/22/2020 at 02:30 PM in Spring Street Courthouse at Department 26

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  • 09/10/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 09/22/2020 at 02:30 PM in Spring Street Courthouse at Department 26

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  • 09/10/2020
  • DocketMinute Order (Court Order)

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  • 09/10/2020
  • DocketCertificate of Mailing for (Court Order) of 09/10/2020; Filed by: Clerk

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21 More Docket Entries
  • 05/27/2020
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Virginia Sumuano Perez (Defendant); Result: Granted; Result Date: 05/27/2020; As To Parties: removed

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  • 05/05/2020
  • DocketNon-Jury Trial scheduled for 11/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/05/2020
  • DocketComplaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Virginia Sumuano Perez (Defendant); Belisario Perez Alcalan (Defendant); 1 through 50 Does (Defendant)

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  • 05/05/2020
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Virginia Sumuano Perez (Defendant); Belisario Perez Alcalan (Defendant); 1 through 50 Does (Defendant)

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  • 05/05/2020
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Virginia Sumuano Perez (Defendant); Belisario Perez Alcalan (Defendant); 1 through 50 Does (Defendant)

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  • 05/05/2020
  • DocketSummons on Complaint; Issued and Filed by: Mercury Insurance Company (Plaintiff); As to: Virginia Sumuano Perez (Defendant); Belisario Perez Alcalan (Defendant); 1 through 50 Does (Defendant)

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  • 05/05/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/05/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/05/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03809    Hearing Date: September 22, 2020    Dept: 26

Mercury Ins. Co. v. Perez, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Virginia Sumuano Perez’s and Belisario Perez Alcalan’s Demurrers to the Complaint are OVERRULED. DEFENDANTS ARE TO FILE AND SERVE ANSWERS TO THE COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Mercury Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Virginia Sumuano Perez (“Defendant Perez”) and Belisario Perez Alcalan (“Defendant Alcalan”) on May 20, 2020. On May 27, 2020, Defendants filed the instant Demurrers to the Complaint. Plaintiff filed oppositions on June 17, 2020 and Defendants replied on June 29, 2020.

Discussion

Both Defendants’ demurrers to the Complaint are essentially identical so the Court will address them in a single ruling.

First, the Demurrers are not in compliance with the requirements of Code of Civil Procedure section 430.41. The demurring party is required to meet and confer in person or telephonically at least five days before the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a).) The Demurrers are not accompanied by declarations demonstrating any meet and confer effort.

Second, the Demurrers are brought on the basis of failure to allege facts in support of a cause of action (Code Civ. Proc., § 430.10, subd. (e)) and uncertainty (Code Civ. Proc., § 430.10, subd. (f)). However, because special demurrers are not allowed in courts of limited jurisdiction the Court will not rule on the demurrer for uncertainty. (Code Civ. Proc., § 92, subd. (c).)

As to Defendants’ contention that the Complaint fails to allege facts sufficient to state a cause of action, the face page of the Complaint plainly states this is an action brought by a subrogated insurer under Cal. Insurance Code section 11580.2 and for property damages. Cal. Insurance Code section 11580.2 requires Plaintiff to provide uninsured motorist coverage to its insured and is subrogated thereunder. (Cal. Ins. Code, § 11580.2; Compl., ¶13.) Plaintiff must allege the elements of an insurer’s cause of action for subrogation:

“(a) the insured suffered a loss for which the defendant is liable, either as the wrongdoer whose act or omission caused the loss or because the defendant is legally responsible to the insured for the loss caused by the wrongdoer; (b) the claimed loss was one for which the insurer was not primarily liable; (c) the insurer has compensated the insured in whole or in part for the same loss for which the defendant is primarily liable; (d) the insurer has paid the claim of its insured to protect its own interest and not as a volunteer; (e) the insured has an existing, assignable cause of action against the defendant which the insured could have asserted for its own benefit had it not been compensated for its loss by the insurer; (f) the insurer has suffered damages caused by the act or omission upon which the liability of the defendant depends; (g) justice requires that the loss be entirely shifted from the insurer to the defendant, whose equitable position is inferior to that of the insurer; and (h) the insurer's damages are in a liquidated sum, generally the amount paid to the insured.”

(State Farm General Ins. Co. v. Wells Fargo Bank, N.A. (2006) 143 Cal.App.4th 1098, 1111-1112.) The Complaint alleges that Plaintiff’s insured suffered damages on April 25, 2018 because Defendants so “negligently drove, operated, maintained, managed and entrusted their said motor vehicle” that it collided with Plaintiff’s insured’s vehicle. (Compl., ¶¶8-9.) Plaintiff’s insured incurred property damage in the amount of $8,563.89 and loss of use damage in the amount of $868.54. (Id. at ¶¶10-11.) Plaintiff also paid personal injury damages to its insured in the amount of $7,250.00. (Id. at ¶12.) As a result of payments to its insured for these damages as required by law, Plaintiff has been damaged in the same amount. (Id. at ¶13.) Therefore, the Complaint alleges facts showing that Plaintiff’s damages were caused by Defendants’ acts or omissions in the operation, maintenance, etc. of their motor vehicle because Plaintiff is subrogated to its insured position.

Contrary to Defendants’ assertion, Plaintiff is not required to specifically allege the nature of Defendants’ conduct that caused the damages, nor allege specific facts as to the role of its insured in the accident. Plaintiff alleges that its insured was driving in a “careful and prudent manner” at the time of the accident and that Defendants so “negligently drove, operated, maintained, managed and entrusted their said motor vehicle” that it collided with Plaintiff’s insured’s vehicle. (Id. at ¶¶8-9.) It is sufficient that the Complaint alleges ultimate, rather than evidentiary facts. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550.)

Conclusion

Defendant Virginia Sumuano Perez’s and Belisario Perez Alcalan’s Demurrers to the Complaint are OVERRULED. DEFENDANTS ARE TO FILE AND SERVE ANSWERS TO THE COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff to give notice.