This case was last updated from Los Angeles County Superior Courts on 09/18/2021 at 00:56:01 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DANIEL LAURENCE SABAH, ET AL.

Case Summary

On 04/20/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against DANIEL LAURENCE SABAH. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3453

  • Filing Date:

    04/20/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants and Cross Defendants

KARZAR AYDIN AKA AYDIN HAJIR

SABAH DANIEL LAURENCE

Defendant and Cross Plaintiff

SABAH DANIEL LAURENCE

Attorney/Law Firm Details

Plaintiff Attorney

PLEASANT JOSEPH M

Defendant and Cross Plaintiff Attorney

MACKEY ROBERT T.

 

Court Documents

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

9/7/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/7/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Stipulation and Order (name extension) - Stipulation and Order FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

9/7/2021: Stipulation and Order (name extension) - Stipulation and Order FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

Order (name extension) - Order FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

9/14/2021: Order (name extension) - Order FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH

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

8/12/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Supplemental Declaration (name extension) - Supplemental Declaration WITH ADDITIONAL DETAIL ISO MOTION TO AMEND COMPLAINT

8/12/2021: Supplemental Declaration (name extension) - Supplemental Declaration WITH ADDITIONAL DETAIL ISO MOTION TO AMEND COMPLAINT

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

3/23/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion for Leave to Amend (name extension) - Motion for Leave to Amend COMPLAINT

3/23/2021: Motion for Leave to Amend (name extension) - Motion for Leave to Amend COMPLAINT

Memorandum of Points & Authorities - Memorandum of Points & Authorities

3/23/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Answer - Answer

8/31/2020: Answer - Answer

Summons - Summons on Complaint

8/31/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

8/31/2020: Cross-Complaint - Cross-Complaint

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

5/15/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

4/20/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/13/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Declaration (name extension) - Declaration OF VENUE

4/20/2020: Declaration (name extension) - Declaration OF VENUE

Summons - Summons on Complaint

4/20/2020: Summons - Summons on Complaint

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

4/20/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 09/14/2021
  • DocketOrder FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH; Signed and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: AYDIN KARZAR (Defendant)

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  • 09/14/2021
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 04/20/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 09/14/2021
  • DocketHearing on Motion for Leave to Amend Complaint scheduled for 09/15/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/14/2021

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  • 09/14/2021
  • DocketNon-Jury Trial scheduled for 10/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/14/2021

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  • 09/14/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/24/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/14/2021

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  • 09/07/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: AYDIN KARZAR (Defendant)

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  • 09/07/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: AYDIN KARZAR (Defendant)

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  • 09/07/2021
  • DocketUpdated -- Stipulation and Order FOR DISMISSAL WITH RESERVATION TO VACATE AND ENTER JUDGMENT UPON BREACH: Status Date changed from 09/07/2021 to 09/07/2021; As To Parties changed from AYDIN KARZAR (Defendant) to AYDIN KARZAR (Defendant)

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  • 08/12/2021
  • DocketHearing on Motion for Leave to Amend Complaint scheduled for 09/15/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 08/12/2021
  • DocketSupplemental Declaration WITH ADDITIONAL DETAIL ISO MOTION TO AMEND COMPLAINT; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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18 More Docket Entries
  • 05/13/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/24/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/20/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DANIEL LAURENCE SABAH (Defendant); AYDIN KARZAR (Defendant)

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  • 04/20/2020
  • DocketDeclaration OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DANIEL LAURENCE SABAH (Defendant); AYDIN KARZAR (Defendant)

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  • 04/20/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DANIEL LAURENCE SABAH (Defendant); AYDIN KARZAR (Defendant)

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  • 04/20/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DANIEL LAURENCE SABAH (Defendant); AYDIN KARZAR (Defendant)

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  • 04/20/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/20/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC03453 Hearing Date: September 15, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR LEAVE TO FILE AN AMENDED COMPLAINT

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MOVING PARTY: Plaintiff\r\nState Farm Mutual Automobile Insurance Company

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RESP. PARTY: None

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MOTION FOR LEAVE TO AMEND

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(CCP § 473(a))

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TENTATIVE RULING:

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To give the Court additional time to\r\nreview the parties’ stipulation for dismissal, the Plaintiff State Farm Mutual\r\nAutomobile Insurance Company’s Motion for Leave to File an Amended Complaint is\r\nCONTINUED TO OCTOBER 18, 2021 at 10:00 a.m.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of September\r\n13, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof September 13, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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On April 20, 2020, Plaintiff State Farm Mutual Automobile\r\nInsurance Company (“Plaintiff”) filed an action against Daniel Laurence Sabah\r\n(“Sabah”) and Aydin Karzar aka Aydin Hajir (“Karzar”) (collectively,\r\n“Defendants”).

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Defendant Sabah filed an Answer and a Cross-Complaint\r\nagainst Karzar on August 31, 2020.

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On March 23, 2021, Plaintiff filed the instant Motion for\r\nLeave to File an Amended Complaint (the “Motion”). No opposition was filed.

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At the initial August 12 hearing, the Court found that\r\nthe Motion did not satisfy the content requirements of California Rules of\r\nCourt, rule 3.1324 and continued the hearing so that Plaintiff could correct\r\nthis error. (8/12/21 Minute Order.) Plaintiff filed supplemental papers that\r\nsame day.

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On September 7, Plaintiff filed a Stipulation and\r\nProposed Order for Dismissal with Reservation to Vacate and Enter Judgment upon\r\nBreach under Code of Civil Procedure section 664.6 which is pending the Court’s\r\nreview. (9/7/21 Stipulation.)

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Thus, it appears the parties have resolved the matter. To\r\ngive the Court an opportunity to review the Stipulation and Proposed Order, the\r\nmatter is CONTINUED.

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II. \r\nConclusion\r\n& Order

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To give the Court additional time to\r\nreview the parties’ stipulation for dismissal, the Plaintiff State Farm Mutual\r\nAutomobile Insurance Company’s Motion for Leave to File an Amended Complaint is\r\nCONTINUED TO OCTOBER 18, 2021 at 10:00 a.m.

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Moving party is ordered to give\r\nnotice.

'b'

Case Number: 20STLC03453 Hearing Date: August 12, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR LEAVE TO FILE AN AMENDED COMPLAINT

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MOVING PARTY: Plaintiff\r\nState Farm Mutual Automobile Insurance Company

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RESP. PARTY: None

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MOTION FOR LEAVE TO AMEND

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(CCP § 473(a))

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TENTATIVE RULING:

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Plaintiff State Farm Mutual Automobile\r\nInsurance Company’s Motion for Leave to File an Amended Complaint is CONTINUED\r\nTO SEPTEMBER 15, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET\r\nCOURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff\r\nmust file supplemental papers addressing the errors noted herein. Failure to do\r\nso will result in the Motion being placed off calendar or denied.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of August\r\n10, 2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 10, 2021 [ ] Late [X] None

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ANALYSIS:

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\r\n\r\n

I. \r\nBackground\r\n

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On April 20, 2020, Plaintiff State Farm Mutual Automobile\r\nInsurance Company (“Plaintiff”) filed an action against Daniel Laurence Sabah\r\n(“Sabah”) and Aydin Karzar aka Aydin Hajir (“Karzar”) (collectively,\r\n“Defendants”).

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Defendant Sabah filed an Answer and a Cross-Complaint\r\nagainst Karzar on August 31, 2020.

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On March 23, 2021, Plaintiff filed the instant Motion for\r\nLeave to File an Amended Complaint (the “Motion”). No opposition was filed.

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II. \r\nLegal\r\nStandard

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Leave to\r\namend is permitted under Code of Civil Procedure section 473, subdivision (a)\r\nand section 576. The policy favoring amendment and resolving all matters in the\r\nsame dispute is “so strong that it is a rare case in which denial of leave to\r\namend can be justified. . ..” “Although courts are bound to apply a policy of\r\ngreat liberality in permitting amendments to the complaint at any stage of the\r\nproceedings, up to and including trial [citations], this policy should be\r\napplied only ‘where no prejudice is shown to the adverse party . . ..\r\n[citation]. A different result is\r\nindicated ‘where inexcusable delay and probable prejudice to the opposing\r\nparty’ is shown. [Citation].” (Magpali v.\r\nFarmers Group (1996) 48 Cal.App.4th 471, 487.)

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A motion\r\nfor leave to amend a pleading must also comply with the procedural requirements\r\nof California Rules of Court, Rule 3.1324, which requires a supporting declaration to set forth\r\nexplicitly what allegations are to be added and where, and explicitly stating\r\nwhat new evidence was discovered warranting the amendment and why the amendment\r\nwas not made earlier. The motion must also include (1) a copy of the proposed\r\nand numbered amendment, (2) specifications by reference to pages and lines the\r\nallegations that would be deleted and added, and (3) a declaration specifying\r\nthe effect, necessity and propriety of the amendments, date of discovery and\r\nreasons for delay. (See Cal. Rules of Court, rule 3.1324, subds. (a), (b).)

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III. \r\nDiscussion\r\n

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Plaintiff explains that when the Complaint was initially filed,\r\nDefendant Sabah was alleged to be the driver of the vehicle that caused damage\r\nto Plaintiff’s insured’s vehicle and that Defendant Karzar was the registered\r\nowner of the vehicle driven by Defendant Sabah. (Mot., MP&A, pp. 1-2.)\r\nPlaintiff states that, through the discovery process, it discovered that\r\nDefendant Sabah and Defendant Karzar were actually driving two separate\r\nvehicles. (Id.) Thus, Plaintiff argues, it now needs to correct this\r\nerror. (Id.)

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The Court notes, however, that Plaintiff’s Motion does not satisfy the\r\ncontent requirements of California Rules of Court, rule 3.1324. The Motion does\r\nnot specifically identify the allegations that Plaintiff proposes to be deleted\r\nand/or added by page, paragraph, and line number as required by Rule 3.1324,\r\nsubdivision (a). The supporting declaration also does not specify when the\r\nfacts necessitating the proposed amendments were discovered or why this request\r\nfor amendment was not filed earlier as required by Rule 3.1324, subdivision\r\n(b).

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Plaintiff is ordered to file\r\nsupplemental papers correcting the errors noted above.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nState Farm Mutual Automobile Insurance Company’s Motion for Leave to File an\r\nAmended Complaint is CONTINUED TO SEPTEMBER 15, 2021 at 10:30 a.m. in\r\nDepartment 25 at the SPRING STREET COURTHOUSE. At least 16 court days before\r\nthe next scheduled hearing, Plaintiff must file supplemental papers addressing\r\nthe errors noted herein. Failure to do so will result in the Motion being\r\nplaced off calendar or denied.

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Moving party is ordered to give\r\nnotice.

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