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This case was last updated from Los Angeles County Superior Courts on 04/04/2021 at 12:34:04 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ANGEL GABRIEL GUZMAN VASQUEZ, ET AL.

Case Summary

On 06/25/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ANGEL GABRIEL GUZMAN VASQUEZ. 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:

    *******5333

  • Filing Date:

    06/25/2020

  • 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

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants and Cross Plaintiffs

GUZMAN VASQUEZ ANGEL GABRIEL

PEREZ ROSA MIGUEL ANGEL

Cross Defendant

VALENZUELA NOEL

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

STRUMWASSER GREGG

MAGPAPIAN MANUEL M

Defendant and Cross Plaintiff Attorney

BECK DWAYNE S

 

Court Documents

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

2/25/2021: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Opposition (name extension) - Opposition to Demurrer to Cross-Complaint

2/9/2021: Opposition (name extension) - Opposition to Demurrer to Cross-Complaint

Reply (name extension) - Reply To Cross-Complainant's Opposition To Demurrer To Cross-Complaint; Memorandum Of Points And Authorities In Support Thereof

2/16/2021: Reply (name extension) - Reply To Cross-Complainant's Opposition To Demurrer To Cross-Complaint; Memorandum Of Points And Authorities In Support Thereof

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

12/9/2020: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

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

11/24/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Demand for Jury Trial - Demand for Jury Trial

9/21/2020: Demand for Jury Trial - Demand for Jury Trial

Summons - Summons on Complaint

9/21/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

9/21/2020: Cross-Complaint - Cross-Complaint

Answer - Answer

9/21/2020: Answer - Answer

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

9/21/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Personal Service - Proof of Personal Service

8/7/2020: Proof of Personal Service - Proof of Personal Service

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

8/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

6/25/2020: Complaint - Complaint

Summons - Summons on Complaint

6/25/2020: Summons - Summons on Complaint

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

6/25/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

6/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/25/2020: First Amended Standing Order - First Amended Standing Order

5 More Documents Available

 

Docket Entries

  • 06/29/2023
  • Hearing06/29/2023 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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  • 12/23/2021
  • Hearing12/23/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/25/2021
  • DocketUpdated -- Demurrer - with Motion to Strike (CCP 430.10): Filed By: Noel Valenzuela (Cross-Defendant); Result: Sustained without Leave to Amend; Result Date: 02/25/2021

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  • 02/25/2021
  • DocketMinute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

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  • 02/25/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 02/25/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/25/2021; Result Type to Held

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  • 02/16/2021
  • DocketReply To Cross-Complainant's Opposition To Demurrer To Cross-Complaint; Memorandum Of Points And Authorities In Support Thereof; Filed by: Noel Valenzuela (Cross-Defendant)

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  • 02/09/2021
  • DocketOpposition to Demurrer to Cross-Complaint; Filed by: MIGUEL ANGEL PEREZ ROSA (Cross-Complainant)

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  • 12/10/2020
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 02/25/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 12/09/2020
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: Noel Valenzuela (Cross-Defendant)

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  • 11/24/2020
  • DocketProof of Service by Substituted Service; Filed by: MIGUEL ANGEL PEREZ ROSA (Cross-Complainant); As to: Noel Valenzuela (Cross-Defendant); Proof of Mailing Date: 11/18/2020; Service Cost: 0.00; Service Cost Waived: No

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5 More Docket Entries
  • 08/07/2020
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ANGEL GABRIEL GUZMAN VASQUEZ (Defendant); Proof of Mailing Date: 07/26/2020; Service Cost: 70.00; Service Cost Waived: No

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  • 08/07/2020
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MIGUEL ANGEL PEREZ ROSA (Defendant); Service Date: 07/26/2020; Service Cost: 70.00; Service Cost Waived: No

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  • 06/25/2020
  • DocketNon-Jury Trial scheduled for 12/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/25/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/29/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/25/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ANGEL GABRIEL GUZMAN VASQUEZ (Defendant); MIGUEL ANGEL PEREZ ROSA (Defendant)

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  • 06/25/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ANGEL GABRIEL GUZMAN VASQUEZ (Defendant); MIGUEL ANGEL PEREZ ROSA (Defendant)

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  • 06/25/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ANGEL GABRIEL GUZMAN VASQUEZ (Defendant); MIGUEL ANGEL PEREZ ROSA (Defendant)

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  • 06/25/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/25/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/25/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05333    Hearing Date: February 25, 2021    Dept: 26

State Farm v. Vasquez, et al.

DEMURRER

(CCP §§ 430.31, et seq.) 

TENTATIVE RULING:

Cross-Defendant Noel Valenzuela’s Demurrer to the Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On June 25, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Angel Gabriel Guzman Vasquez and Miguel Angel Perez Rosa (“Cross-Complainants”). On September 21, 2020, Cross-Complainants filed a Cross-Complaint for indemnity and apportionment of fault against Cross-Defendant Noel Valenzuela (“Cross-Defendant”). Cross-Defendant filed the instant Demurrer to the Cross-Complaint on December 9, 2020. Cross-Complainants filed an opposition on February 9, 2021 and Cross-Defendant replied on February 16, 2021.

Discussion

The Court finds that the Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Magapian Decl., ¶¶3-5.) Cross-Defendant contends that Cross-Complainant fails to allege facts to support a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).) The Cross-Complaint alleges causes of action for indemnification and apportionment of fault.

1st Cause of Action for Indemnification

Although the Cross-Complaint does not specify the type of indemnification—express, implied or equitable—the allegations make it clear only the equitable kind is at issue. “A right of equitable indemnity can arise only if the prospective indemnitor and indemnitee are mutually liable to another person for the same injury.” (Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153, 1177.)

There is no allegation here that the parties are liable to a third party other than Plaintiff. (Cross-Compl., ¶¶4-7.) Plaintiff, however, is only bringing this action as Cross-Defendant’s subrogee and simply stands in her shoes. (Compl., ¶¶4-5, 11; Fireman's Fund Ins. Co. v. Maryland Cas. Co. (1998) 65 Cal.App.4th 1279, 1292.) Therefore, there is no “other person” to whom Cross-Defendant is liable. To the extent Cross-Complainant contends Cross-Defendant’s own negligence caused the accident, this is set forth as an affirmative defense and will be resolved via the Complaint. (Answer, filed 09/21/20, ¶¶5-6.)

Nor is Cross-Complainants’ reliance on American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 relevant to the circumstances of this case. American Motorcycle Assn. involved application of the comparative negligence doctrine against alleged concurrent joint tortfeasors in a non-subrogation setting. (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 586.)

The Demurrer is sustained as to the first cause of action.

2nd Cause of Action for Apportionment of Fault

Apportionment of fault similarly requires a separate party to whom the alleged joint-tortfeasors are liable. (See Paragon Real Estate Group of San Francisco, Inc. v. Hansen (2009) 178 Cal.App.4th 177, 184.) Therefore, the Demurrer is also sustained to the second cause of action.

Leave to Amend

There can be no cross-claim against Cross-Defendant for damages Plaintiff incurred as her insurer. Cross-Complainant, therefore, has not shown that leave to amend is proper. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)

Conclusion

Cross-Defendant Noel Valenzuela’s Demurrer to the Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

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