This case was last updated from Los Angeles County Superior Courts on 11/14/2019 at 00:03:36 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JUAN ANTHONY MARTINEZ

Case Summary

On 05/15/2018 a Contract - Insurance case was filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against JUAN ANTHONY MARTINEZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7084

  • Filing Date:

    05/15/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

MARTINEZ JUAN ANTHONY

Not Yet Classified

LOYA CASUALTY INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

 

Court Documents

Summons - Summons on Complaint

5/15/2018: Summons - Summons on Complaint

Motion for Leave to Intervene - Motion for Leave to Intervene

8/30/2019: Motion for Leave to Intervene - Motion for Leave to Intervene

Clerk's Declaration re: Search and Order to Deem Copy as Original - Clerk's Declaration re: Search and Order to Deem Copy as Original

9/25/2019: Clerk's Declaration re: Search and Order to Deem Copy as Original - Clerk's Declaration re: Search and Order to Deem Copy as Original

Notice of Settlement - Notice of Settlement

10/29/2019: Notice of Settlement - Notice of Settlement

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/29/2019

10/29/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/29/2019

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

10/29/2019: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Notice of Settlement - Notice of Settlement

10/30/2019: Notice of Settlement - Notice of Settlement

Request for Dismissal - Request for Dismissal

11/7/2019: Request for Dismissal - Request for Dismissal

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

4/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet

5/15/2018: Civil Case Cover Sheet

Complaint

5/15/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/15/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/08/2019
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/15/2018, entered Request for Dismissal with prejudice filed by State Farm Mutual Automobile Insurance Company as to the entire action

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  • 11/08/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 02/13/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/08/2019

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  • 11/08/2019
  • DocketUpdated -- Pursuant to the Request for Dismissal filed by State Farm Mutual Automobile Insurance Company on 11/07/2019, the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/15/2018 is dismissed with prejudice.; The following event(s) is/are advanced to this date and vacated: 02/13/2020 10:30 AM Order to Show Cause Re: Dismissal (Settlement) in Department 94; Filed Date changed from 11/08/2019 to 11/07/2019

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  • 11/07/2019
  • DocketRequest for Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: LOYA CASUALTY INSURANCE COMPANY (Non-Party); Juan Anthony Martinez (Defendant)

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  • 10/30/2019
  • DocketNotice of Settlement; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); Vacate Future Dates: No

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  • 10/30/2019
  • DocketNon-Jury Trial scheduled for 11/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/30/2019

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  • 10/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/18/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/30/2019

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  • 10/29/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 02/13/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/29/2019
  • DocketCertificate of Mailing for (Hearing on Motion for Leave to Intervene) of 10/29/2019; Filed by: Clerk

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  • 10/29/2019
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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6 More Docket Entries
  • 08/30/2019
  • DocketHearing on Motion for Leave to Intervene scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/30/2019
  • DocketMotion for Leave to Intervene; Filed by: LOYA CASUALTY INSURANCE COMPANY (Non-Party); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/15/2019
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Juan Anthony Martinez (Defendant); Proof of Mailing Date: 04/12/2019; Service Cost: 45.00; Service Cost Waived: No

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  • 05/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/15/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/15/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 05/15/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Juan Anthony Martinez (Defendant)

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  • 05/15/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/15/2018
  • DocketNon-Jury Trial scheduled for 11/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/15/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07084    Hearing Date: October 29, 2019    Dept: 94

MOTION FOR LEAVE TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Non-party Loya Casualty Insurance Co.’s Motion for Leave to Intervene is CONTINUED TO FEB. 4, 2019 at 10:30 a.m. in Department 94.

ANALYSIS:

I. Background

On May 15, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Juan Anthony Martinez (“Defendant”). Non-party Loya Casualty Insurance Co. (“Loya”) filed the instant Motion for Leave to Intervene on August 30, 2019. Loya seeks to intervene in this action on behalf of its insureds, namely Defendants, under CCP § 387(d)(1).

II. Discussion

The Court notes that there is no proof of service on file to show that the moving papers were properly served on Plaintiff as required by CCP § 1005(b). ““Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” (CCP § 1005(b).) Given the lack of proof of service, the Court is without jurisdiction to consider the merits of the Motion. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)

III. Conclusion & Order

For the foregoing reasons, the Motion is CONTINUED TO FEB. 4, 2019 at 10:30 a.m. in Department 94.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

OSITION
: None filed as of Oct. 23, 2019