This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 02:06:11 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS CARLOS VIORATO

Case Summary

On 04/11/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against CARLOS VIORATO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3560

  • Filing Date:

    04/11/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

VIORATO CARLOS

Not Classified By Court

TWIN CITY FIRE INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

GENCHEL ROBIN F

Defendant Attorney

VELLA LOUIS J.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

10/27/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/27/2020

10/27/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/27/2020

Minute Order - Minute Order (Court Order)

10/5/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/05/2020

10/5/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/05/2020

Notice (name extension) - Notice of Continuance of Trial

10/7/2020: Notice (name extension) - Notice of Continuance of Trial

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

7/16/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Application (name extension) - Application Twin City's Application for Leave to File a Complaint-in-Intervention

4/6/2020: Application (name extension) - Application Twin City's Application for Leave to File a Complaint-in-Intervention

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

3/3/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Motion for Leave to Intervene - Motion for Leave to Intervene

1/31/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

Answer - Answer

7/1/2019: Answer - Answer

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

5/31/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

4/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

4/11/2019: Summons - Summons on Complaint

Complaint - Complaint

4/11/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/11/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

4/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

5 More Documents Available

 

Docket Entries

  • 10/27/2020
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 10/27/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/27/2020; Filed by: Clerk

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  • 10/27/2020
  • DocketHearing on Motion for Leave to Intervene scheduled for 10/27/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/27/2020

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  • 10/07/2020
  • DocketNotice of Continuance of Trial; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Viorato (Defendant)

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  • 10/05/2020
  • DocketNon-Jury Trial scheduled for 03/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/05/2020
  • DocketMinute Order (Court Order)

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  • 10/05/2020
  • DocketCertificate of Mailing for (Court Order) of 10/05/2020; Filed by: Clerk

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  • 10/05/2020
  • DocketOn the Court's own motion, Hearing on Motion for Leave to Intervene scheduled for 10/08/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/27/2020 11:00 AM

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  • 10/05/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 03/19/2021 08:30 AM

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  • 07/16/2020
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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9 More Docket Entries
  • 07/01/2019
  • DocketAnswer; Filed by: Carlos Viorato (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 05/31/2019
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Viorato (Defendant); Proof of Mailing Date: 05/20/2019; Service Cost: 70.00; Service Cost Waived: No

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  • 04/11/2019
  • DocketNon-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Viorato (Defendant)

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  • 04/11/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Viorato (Defendant)

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  • 04/11/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Carlos Viorato (Defendant)

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  • 04/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03560    Hearing Date: October 27, 2020    Dept: 25

HEARING DATE: Tue., October 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Automobile Ins. Company v. Viorato

CASE NUMBER: 19STLC03560 COMP. FILED: 04-11-19

NOTICE: OK DISC. C/O: 02-17-21

MOTION C/O: 03-04-21

TRIAL DATE: 03-19-21

PROCEEDINGS: APPLICATION FOR LEAVE TO FILE A COMPLAINT-IN-INTERVENTION

MOVING PARTY: Non-party Twin City Fire Insurance Company

RESP. PARTY: None

MOTION FOR LEAVE TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Non-party Twin City Fire Insurance Company’s Motion for Leave to Intervene is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 23, 2020 [ ] Late [X] None

REPLY: None filed as of October 23, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On April 11, 2019, Plaintiff State Farm Automobile Insurance Company (“Plaintiff”) filed a complaint in subrogation against Defendant Carlos Viorato (“Defendant”). On July 1, 2019, Defendant filed an Answer.

On January 31, 2020, Non-party Twin City Fire Insurance Company (“Twin City”) filed the instant Application for Leave to File a Complaint in Intervention (the “Motion”). On March 3, 2020, the Court continued the hearing due to a deficiency in the proof of service and ordered Twin City to file a corrected proof of service. (3/3/20 Minute Order.) On April 6, 2020, Twin City re-filed the Motion with a new proof of service.

At the July 16, 2020 continued hearing, the Court ordered Twin City to file supplemental papers in support of its Motion. (7/16/20 Minute Order.) To date, however, Twin City has not filed supplemental papers as requested. Accordingly, this Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Non-party Twin City Fire Insurance Company’s Motion for Leave to Intervene is PLACED OFF CALENDAR.

Twin City is ordered to give notice.

Case Number: 19STLC03560    Hearing Date: July 16, 2020    Dept: 25

MOTION FOR LEAVE TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Non-party Twin City Fire Insurance Company’s Motion for Leave to Intervene is CONTINUED TO OCTOBER 8, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Twin City must file supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 14, 2020 [ ] Late [X] None

REPLY: None filed as of July 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 11, 2019, Plaintiff State Farm Automobile Insurance Company (“Plaintiff”) filed a complaint for subrogation against Defendant Carlos Viorato (“Defendant”). On July 1, 2019, Defendant filed an Answer.

On January 31, 2020, Non-party Twin City Fire Insurance Company (“Twin City”) filed the instant Application for Leave to File a Complaint in Intervention (the “Motion”). On March 3, 2020, the Court continued the hearing due to a deficiency in the proof of service and ordered Twin City to file a corrected proof of service. (3/3/20 Minute Order.)

On April 6, 2020, Twin City re-filed the Motion with a new proof of service. To date, no opposition has been filed.

  1. Legal Standard

The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed when “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” (Code Civ. Proc., § 387, subd. (d)(1)(B).) Whether the petitioner has an interest in the matter in litigation is a question of fact that must be determined by the court before leave to file is granted. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515; In re Yokohama Special Bank (1948) 86 Cal.App.2d 545.) The burden rests on the one seeking to intervene to show that this is a proper case for intervention. (Muller, supra, 174 Cal.App.2d at 515.)

  1. Discussion

The instant action arises from a motor vehicle accident that allegedly occurred on May 27, 2018 (the “Accident”) between Plaintiff’s insured, Hassan Imam (“Imam”), and Defendant. (Compl., ¶¶ 4-5, 6, 10.)

Twin City argues it is entitled to intervene pursuant to Labor Code section 3853, which states, in pertinent part, that “[i]f the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as a party plaintiff…” A worker’s compensation insurer has the same rights to join as an employer. (Labor Code § 3850, subd. (b).)

Confusingly, Twin City states that the alleged accident occurred between Miguel Ballesteros (“Ballesteros”) and Defendant. (Mot., p. 3.) It also argues that it made worker’s compensation payments to Ballesteros, that Twin Cities insured Young Holdings, Inc. (“Young Holdings”), and that Ballesteros is a Young Holdings employee. (Id.). (Id.) Because it seeks to recover worker’s compensation benefits paid to Ballesteros from Defendant, Twin Cities argues it has a financial interest in the litigation. (Id.)

First, the Court notes the action is not brought by Young Holdings or Ballesteros; it is brought by Imam’s insurance carrier, whose relationship to Young Holdings, Inc. and Ballesteros is unclear. Thus, Section 3853 is seemingly inapplicable. Adding to the confusion, Twin City’s counsel states the Accident involved Plaintiff’s insured Farhana Bann, not Hassan Imam. (Mot., Fischer-Reyes Decl. ¶ 3.) In light of this, the Court requests that Twin City file supplemental briefing clearly explaining the relationship between all parties mentioned above.

As a final note, the proof of service submitted by Twin City indicates that an ex parte application was served on Plaintiff and Defendant. (Mot., Proof of Service.) This is the same issue the Court pointed out in its March 3, 2020 Order and is a violation of Code of Civil Procedure section 1013a, which requires that the proof of service set forth the exact title of the document being served.

  1. Conclusion & Order

For the foregoing reasons, Non-party Twin City Fire Insurance Company’s Motion for Leave to Intervene is CONTINUED TO OCTOBER 8,2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Twin City must file supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STLC03560    Hearing Date: March 03, 2020    Dept: 25

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Non-party Twin City Fire Insurance Company’s Motion is CONTINUED TO MAY 6, 2020 at 10:30 a.m. in Department 25 in the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Non-Party Twin City must file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background & Discussion

On April 11, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Carlos Viorato (“Defendant”). On July 1, 2019, Defendant filed an Answer.

On January 31, 2020, non-party Twin City Fire Insurance Company (“Twin City”) filed the instant Application for Leave to File a Complaint (the “Motion”). To date, no opposition has been filed.

  1. Proof of Service

As an initial matter the Court notes that the proof of service does not indicate Plaintiff or Defendant were served with the instant Motion.

Pursuant to Code of Civil Procedure section 1013a, subdivision (1), a proof of service by mail must set forth “the exact title of the document served and filed in the cause…” Here, the Proof of Service filed indicates that Twin City’s “Ex Parte Application for Leave to File a Complaint-in-Intervention” has been served. Thus, because this Motion is not brought on an ex-parte basis, the Proof of Service does not demonstrate the parties were served with the instant Motion. Alternatively, if Twin City did serve the instant Motion, then it violated Section 1013a(1) by failing to state the exact title of each document served in the Proof of Service.

Thus, the Court cannot consider the merits of the Motion until Twin City demonstrates that the parties have been properly served.

  1. Conclusion & Order

For the foregoing reasons, Non-party Twin City Fire Insurance Company’s Motion is CONTINUED TO MAY 6, 2020 at 10:30 a.m. in Department 25 in the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Non-Party Twin City must file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STLC03560    Hearing Date: March 02, 2020    Dept: 25

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Non-party Twin City Fire Insurance Company’s Motion is CONTINUED TO MAY 6, 2020 at 10:30 a.m. in Department 25 in the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Non-Party Twin City must file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background & Discussion

On April 11, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Carlos Viorato (“Defendant”). On July 1, 2019, Defendant filed an Answer.

On January 31, 2020, non-party Twin City Fire Insurance Company (“Twin City”) filed the instant Application for Leave to File a Complaint (the “Motion”). To date, no opposition has been filed.

  1. Proof of Service

As an initial matter the Court notes that the proof of service does not indicate Plaintiff or Defendant were served with the instant Motion.

Pursuant to Code of Civil Procedure section 1013a, subdivision (1), a proof of service by mail must set forth “the exact title of the document served and filed in the cause…” Here, the Proof of Service filed indicates that Twin City’s “Ex Parte Application for Leave to File a Complaint-in-Intervention” has been served. Thus, because this Motion is not brought on an ex-parte basis, the Proof of Service does not demonstrate the parties were served with the instant Motion. Alternatively, if Twin City did serve the instant Motion, then it violated Section 1013a(1) by failing to state the exact title of each document served in the Proof of Service.

Thus, the Court cannot consider the merits of the Motion until Twin City demonstrates that the parties have been properly served.

  1. Conclusion & Order

For the foregoing reasons, Non-party Twin City Fire Insurance Company’s Motion is CONTINUED TO MAY 6, 2020 at 10:30 a.m. in Department 25 in the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Non-Party Twin City must file supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.