This case was last updated from Los Angeles County Superior Courts on 07/14/2020 at 08:37:33 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JESUS ANTONIO DONADO CRUZ

Case Summary

On 01/18/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against JESUS ANTONIO DONADO CRUZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0661

  • Filing Date:

    01/18/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

CRUZ JESUS ANTONIO DONADO

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS

Defendant Attorneys

POKLADOWSKI THOMAS D.

PEIKES ERIN R.

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement

7/6/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Settlement

Order (name extension) - Order Proposed Order re Settlement

7/6/2020: Order (name extension) - Order Proposed Order re Settlement

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

6/2/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 06/02/2020

6/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 06/02/2020

Declaration (name extension) - Declaration OF ANDREW B. DORR IN SUPPORT OF PLAINTIFF MOTION FOR LEAVE

4/3/2020: Declaration (name extension) - Declaration OF ANDREW B. DORR IN SUPPORT OF PLAINTIFF MOTION FOR LEAVE

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion for Leave to Amend Complaint)

2/24/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Amend Complaint)

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

12/10/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/9/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Notice (name extension) - Notice PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

10/9/2019: Notice (name extension) - Notice PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Stipulation (name extension) - No Order - Stipulation - No Order STIPULATION TO AMEND PLAINTIFF'S COMPLAINT

10/9/2019: Stipulation (name extension) - No Order - Stipulation - No Order STIPULATION TO AMEND PLAINTIFF'S COMPLAINT

Declaration (name extension) - Declaration OF SAMANDER ALEMI IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

10/9/2019: Declaration (name extension) - Declaration OF SAMANDER ALEMI IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT

Demand for Jury Trial - Demand for Jury Trial

4/18/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

4/18/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

1/18/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

1/18/2019: Complaint - Complaint

Summons - Summons on Complaint

1/18/2019: Summons - Summons on Complaint

11 More Documents Available

 

Docket Entries

  • 07/06/2020
  • DocketStipulation and Order Stipulation for Settlement; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JESUS ANTONIO DONADO CRUZ (Defendant)

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  • 07/06/2020
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 01/18/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 07/06/2020
  • DocketHearing on Motion for Leave to Amend Complaint scheduled for 07/07/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/06/2020

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  • 07/06/2020
  • DocketNon-Jury Trial scheduled for 02/04/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/06/2020

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  • 07/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/21/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/06/2020

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  • 06/02/2020
  • DocketNon-Jury Trial scheduled for 02/04/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/02/2020
  • DocketMinute Order (Court Order Re: Non-Jury Trial)

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  • 06/02/2020
  • DocketCertificate of Mailing for (Court Order Re: Non-Jury Trial) of 06/02/2020; Filed by: Clerk

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  • 06/02/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/17/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 02/04/2021 08:30 AM

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  • 05/06/2020
  • DocketSubstitution of Attorney; Filed by: JESUS ANTONIO DONADO CRUZ (Defendant)

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16 More Docket Entries
  • 02/21/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JESUS ANTONIO DONADO CRUZ (Defendant); Service Date: 02/16/2019; Service Cost: 45.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 01/23/2019
  • DocketNon-Jury Trial scheduled for 07/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/21/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/23/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 01/18/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JESUS ANTONIO DONADO CRUZ (Defendant)

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  • 01/18/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JESUS ANTONIO DONADO CRUZ (Defendant)

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  • 01/18/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JESUS ANTONIO DONADO CRUZ (Defendant)

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  • 01/18/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/18/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC00661    Hearing Date: July 07, 2020    Dept: 25

MOTION FOR LEAVE TO AMEND PLEADING

(CCP § 576; CRC Rule 3.1324 )

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is GRANTED. Plaintiff is ordered to file the proposed first amended complaint within seven (7) days of this Order. Plaintiff should also serve a conformed copy of the first amended complaint on Defendant.

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 6, 2020 [ ] Late [X] None

REPLY: None filed as of July 6, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 18, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Jesus Antonio Donado Cruz (“Defendant”). On April 18, 2019, Defendant filed an Answer.

On October 9, 2019, Plaintiff filed the instant Motion for Leave to File a First Amended Complaint (the “Motion”). Plaintiff also filed a Stipulation to Amend Plaintiff’s Complaint signed by both parties.

On February 24, 2020, the Court continued the hearing because Plaintiff’s Motion was unclear as to when the additional facts that necessitated an amended complaint were discovered. (2/24/20 Minute Order.) Thus, the Court ordered Plaintiff to provide a supplemental declaration providing those details. (Id.) On April 3, 2020, Plaintiff filed the requested declaration.

To date, no opposition or reply briefs have been filed.

  1. Legal Standard

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

A motion to amend pleadings must include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines of the allegations that would be deleted and added, and (3) a supporting declaration. (Cal. Rules of Court, rule 3.1324, subds. (a), (b).) The supporting declaration must specify the effect of the amendment, the necessity and propriety of the amendment, the date of discovery of facts that gave rise to the need to file an amendment, and any reasons for delay. (Id., subd. (b)(1)-(4).) (Italics added.)

  1. Discussion

Plaintiff seeks to amend the amount of damages it suffered, from $15,200.45 to $15,955.18. (Mot., p. 3.) As previously noted, Plaintiff has submitted a copy of its proposed First Amended Complaint and identified the pages and line numbers where the proposed changes are located. (Mot., Alemi Decl., ¶ 8, Exh. 8.) In addition, the supporting declaration states the effect of the amendment would include additional damages of $754.73 and that the additional damages cover property damage payments made to Plaintiff’s insured as a result of the underlying motor vehicle accident. (Mot., Alemi Decl., ¶ 6.) In the supplemental declaration, Plaintiff’s counsel states Plaintiff made the additional payments of $754.73 to its insured in late August 2019. (4/3/20 Dorr Decl., ¶ 7.) Plaintiff’s counsel was notified of the additional payments and the need to amend the Complaint on or around September 10, 2019. (4/3/20 Dorr Decl., ¶ 7.)

The Court is satisfied with the supplemental papers and finds that Plaintiff has satisfied California Rules of Court, rule 3.1324. Defendant has not opposed the instant Motion and the Court discerns no prejudice to Defendant in granting it.

  1. Conclusion & Order

Given the policy of great liberality in permitting amendments, and the reasons stated, the unopposed Motion is GRANTED. Plaintiff is ordered to file the proposed first amended complaint within seven (7) days of this Order. Plaintiff should also serve a conformed copy of the first amended complaint on Defendant.

Moving party is ordered to give notice.

Case Number: 19STLC00661    Hearing Date: February 24, 2020    Dept: 25

MOTION FOR LEAVE TO AMEND PLEADING

(CCP § 576; CRC Rule 3.1324 )

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is CONTINUED TO APRIL 29, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Plaintiff must file and serve 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

On January 18, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Jesus Antonio Donado Cruz (“Defendant”). On April 18, 2019, Defendant filed an Answer.

On October 9, 2019, Plaintiff filed the instant Motion for Leave to File a First Amended Complaint (the “Motion”). Plaintiff also filed a Stipulation to Amend Plaintiff’s Complaint signed by both parties. To date, no opposition or reply briefs have been filed.

  1. Legal Standard

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

A motion for to amend pleadings must include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a supporting declaration. (Cal. Rules of Court, rule 3.1324, subds. (a), (b).) The supporting declaration must specify the effect of the amendment, the necessity and property of the amendment, the date of discovery of facts that gave rise to the need to file an amendment, and any reasons for delay. (Id., subd. (b)(1)-(4).) (Italics added.)

  1. Discussion

Here, Plaintiff seeks to amend the amount of damages it suffered, from $15,200.45 to $15,955.18. (Mot., p. 3.) Plaintiff has submitted a copy of its proposed First Amended Complaint and identified the pages and line numbers where the proposed changes are located. (Mot., Alemi Decl., ¶ 8 and Exh. 8.) In addition, the supporting declaration states the effect of the amendment would include additional damages of $754.73 and that the additional damages cover property damage payments made to Plaintiff’s insured as a result of the underlying motor vehicle accident. (Mot., Alemi Decl., ¶ 6.) However, it is unclear when Plaintiff discovered the additional damages as it only states that the Motion was filed “as soon as reasonably possible” and “shortly after Plaintiff’s counsel became aware of the additional property damage payments.” (Id. at ¶ 7.) Thus, Plaintiff has not satisfied the requirements of California Rules of Court, rule 3.3124, subdivision (b).

Accordingly, Plaintiff is ordered to file a supplemental declaration specifying when it discovered the additional damages and the reasons for delay, if any.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Leave to File a First Amended Complaint is CONTINUED TO APRIL 29, 2020  at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Plaintiff must file and serve 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.