This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 00:54:05 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MARIA LUISA MURO

Case Summary

On 08/21/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MARIA LUISA MURO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0889

  • Filing Date:

    08/21/2018

  • 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

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

MURO MARIA LUISA

Attorney/Law Firm Details

Plaintiff Attorney

LOURO JENNY ROSE

Defendant Attorneys

VELLA LOUIS

WASSON DAVID BRADLEY

 

Court Documents

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

7/28/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

8/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

12/3/2018: Answer - Answer

Notice (name extension) - Notice of Entry Order

3/13/2020: Notice (name extension) - Notice of Entry Order

Answer - Answer

3/13/2020: Answer - Answer

Motion re: (name extension) - Motion re: Set aside Order Deeming Admissions Admitted

2/21/2020: Motion re: (name extension) - Motion re: Set aside Order Deeming Admissions Admitted

Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

11/4/2019: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

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

11/20/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

1/15/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Notice (name extension) - Notice Notice of Association of Counsel

2/7/2020: Notice (name extension) - Notice Notice of Association of Counsel

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

7/19/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/19/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

4/5/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service by Substituted Service

10/9/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

8/21/2018: Civil Case Cover Sheet

Declaration (name extension) - of Venue

8/21/2018: Declaration (name extension) - of Venue

Notice of Case Assignment - Limited Civil Case

8/21/2018: Notice of Case Assignment - Limited Civil Case

23 More Documents Available

 

Docket Entries

  • 06/28/2021
  • Hearing06/28/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/21/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/28/2021 08:30 AM

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  • 08/21/2020
  • DocketUpdated -- Event scheduled for 06/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Non-Jury Trial to Jury Trial

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  • 07/28/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Maria Luisa Muro (Defendant)

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  • 03/13/2020
  • DocketAnswer; Filed by: Maria Luisa Muro (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/13/2020
  • DocketNotice of Entry Order; Filed by: Maria Luisa Muro (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/11/2020
  • DocketUpdated -- Answer: Filed By: Maria Luisa Muro (Defendant); Result: Stricken; Result Date: 03/11/2020; As To Parties: removed

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  • 03/11/2020
  • DocketStipulation and Order Setting Aside Judgement; Filed by: Maria Luisa Muro (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/11/2020
  • DocketUpdated -- On the Complaint filed by State Farm Mutual Automobile Insurance Company on 08/21/2018, judgment entered on 03/03/2020 is vacated

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39 More Docket Entries
  • 12/03/2018
  • DocketAnswer; Filed by: Maria Luisa Muro (Defendant)

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  • 10/09/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Maria Luisa Muro (Defendant); Proof of Mailing Date: 10/03/2018; Service Cost: 79.50; Service Cost Waived: No

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  • 08/23/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/23/2018
  • DocketNon-Jury Trial scheduled for 02/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/23/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/21/2018
  • DocketDeclaration of Venue; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/21/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Maria Luisa Muro (Defendant)

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  • 08/21/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/21/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/21/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC10889    Hearing Date: November 04, 2019    Dept: 94

State Farm v. Muro, et al.

JUDGMENT ON THE PLEADINGS

(Smiley v. Citibank (1995) 11 Cal.4th 138, 145-146)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Judgment on the Pleadings is GRANTED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Maria Luisa Muro (“Defendant”) on August 21, 2018. The Complaint alleges that Defendant’s negligence during the operation of his motor vehicle resulted in damages to Plaintiff’s insured. On June 13, 2019, the Court granted Plaintiff’s Motion to Deem Requests for Admission Admitted. On July 19, 2019, Plaintiff filed the instant Motion for Judgment on the Pleadings. To date, no opposition has been filed.

I. Legal Standard

The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) Matters which are subject to mandatory judicial notice may be treated as part of the complaint and may be considered without notice to the parties. Matters which are subject to permissive judicial notice must be specified in the notice of motion, the supporting points and authorities, or as the court otherwise permits. (Id.) The motion may not be supported by extrinsic evidence. (Barker v. Hull (1987) 191 Cal.App.3d 221, 236.)

While a statutory motion for judgment on the pleadings brought pursuant to Code of Civil Procedure section 438, et seq. must be accompanied by a meet and confer declaration, there is no such requirement for a motion for judgment on the pleadings brought pursuant to the common law. (See Code Civ. Proc., § 439 (moving party must file declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for judgment on the pleadings is filed.)

II. Discussion

On June 13, 2019, the court granted Plaintiff’s Motion to Deem Requests for Admission Admitted. (RJN, Exh. B at Exh. A.) The admissions in the Requests directly contradict the general denial and affirmative defenses asserted in Defendant’s Answer. In particular, the admissions state that at the time of the accident Defendant failed to drive with reasonable care. (Ibid.) They also admit that Defendant was the sole cause of the accident with Plaintiff’s insured, that he caused the Plaintiff’s insured to incur damages as a result, and also as a result caused Plaintiff to incur damages. and the lack of reasonable care was a substantial factor in causing the accident that injured Plaintiff’s insured. (Ibid.)

Plaintiff served Defendant with a set of requests for admission that effectively sought the admission of the truth of the allegations in the Complaint, as detailed above. The court takes judicial notice of the deemed admissions. (See Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549) (holding that the court may take judicial notice of matters that cannot be reasonably controverted, including “admissions and concessions.”)) The admissions here establish that the facts Plaintiff alleges state its causes of action and that Defendant has not alleged a defense to Plaintiff’s Complaint. As a result, the Motion for Judgment on the Pleadings is GRANTED.

Moving party to give notice.