This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 08:54:43 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MICHAEL SLIVKOFF

Case Summary

On 08/17/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MICHAEL SLIVKOFF. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6935

  • Filing Date:

    08/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

SLIVKOFF MICHAEL

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

PLEASANT JOSEPH M.

BAILEY JUDI A

 

Court Documents

Answer - Answer First Amended

9/2/2021: Answer - Answer First Amended

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

8/31/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Amended Complaint - Amended Complaint (1st)

8/31/2021: Amended Complaint - Amended Complaint (1st)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT) of 08/31/2021

8/31/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT) of 08/31/2021

Minute Order - Minute Order (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT)

8/31/2021: Minute Order - Minute Order (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT)

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

8/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/6/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF JOSEPH M PLEASANT ESQ ISO MOTION FOR LEAVE TO AMEND

4/6/2021: Declaration (name extension) - Declaration OF JOSEPH M PLEASANT ESQ ISO MOTION FOR LEAVE TO AMEND

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

4/6/2021: 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

4/6/2021: Motion for Leave to Amend (name extension) - Motion for Leave to Amend COMPLAINT

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

3/11/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Stipulation and Order (name extension) - Stipulation and Order setting aside default

1/22/2021: Stipulation and Order (name extension) - Stipulation and Order setting aside default

Declaration (name extension) - Declaration of Venue

2/19/2021: Declaration (name extension) - Declaration of Venue

Summons - Summons First Amended

2/19/2021: Summons - Summons First Amended

Civil Case Cover Sheet - Civil Case Cover Sheet Amended

2/19/2021: Civil Case Cover Sheet - Civil Case Cover Sheet Amended

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/14/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

2/3/2021: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

2/3/2021: Demand for Jury Trial - Demand for Jury Trial

14 More Documents Available

 

Docket Entries

  • 02/14/2022
  • Hearing02/14/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 09/02/2021
  • DocketAnswer First Amended; Filed by: MICHAEL SLIVKOFF (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 08/31/2021
  • DocketAmended Complaint (1st); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/31/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/31/2021
  • DocketMinute Order (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT)

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  • 08/31/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Leave TO FILE AN AMENDED COMPLAINT) of 08/31/2021; Filed by: Clerk

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  • 08/31/2021
  • DocketHearing on Motion for Leave TO FILE AN AMENDED COMPLAINT scheduled for 08/31/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/31/2021; Result Type to Held

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  • 08/25/2021
  • DocketAddress for JOSEPH M. PLEASANT (Attorney) updated

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  • 08/25/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 09/21/2020

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  • 08/25/2021
  • DocketUpdated -- Event scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Non-Jury Trial to Jury Trial

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18 More Docket Entries
  • 09/21/2020
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant); Proof of Mailing Date: 09/14/2020; Service Cost: 89.50; Service Cost Waived: No

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  • 08/17/2020
  • DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/17/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/17/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/17/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/17/2020
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MICHAEL SLIVKOFF (Defendant)

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  • 08/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/17/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC06935 Hearing Date: August 31, 2021 Dept: 26

State Farm v. Slivkoff,\r\net al. 20STLC06935

LEAVE\r\nTO AMEND PLEADING

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(CCP §§ 473(a), 576; CRC Rule 3.1324)

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TENTATIVE RULING:

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Plaintiff State Farm Mutual\r\nAutomobile Insurance Company’s Motion for Leave to File First Amended Complaint\r\nis GRANTED. FIRST AMENDED COMPLAINT TO BE FILED AND SERVED WITHIN 20 DAYS’\r\nSERVICE OF THIS ORDER.

ANALYSIS:

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On August 17, 2020, Plaintiff State\r\nFarm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action\r\nfor automobile subrogation against Defendant Michael Slivkoff (“Defendant”). On\r\nApril 6, 2021, Plaintiff filed the instant Motion for Leave to Amend Complaint.\r\nNo opposition has been filed to date.

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Discussion

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Plaintiff moves for leave to add allegations\r\nregarding a second insured involved in the subject motor vehicle accident.\r\n(Motion, Pleasant Decl., ¶¶3-4 and Exh. A.) Adding these allegations also increases\r\nthe damages sought from $11,783.79 to $19,825.14. (Id. at ¶4 and Exh.\r\nA.)

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Leave to amend is permitted under\r\nCode of Civil Procedure section 473, subdivision (a) and section 576. Also, a\r\nmotion for leave to amend a pleading must also comply with the procedural\r\nrequirements of California\r\nRules of Court, Rule 3.1324, which requires a supporting declaration to\r\nset forth explicitly what allegations are to be added and where, and explicitly\r\nstating what new evidence was discovered warranting the amendment and why the\r\namendment was not made earlier. The motion must also include (1) a copy of the\r\nproposed and numbered amendment, (2) specifications by reference to pages and\r\nlines the allegations that would be deleted and added, and (3) a declaration\r\nspecifying the effect, necessity and propriety of the amendments, date of discovery\r\nand reasons for delay. (Cal. Rules of Court, Rule 3.1324, subds. (a), (b).)

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Plaintiff’s motion sufficiently complies with Rule\r\n3.1324 with respect to the contents of the motion and inclusion of a supporting\r\ndeclaration. (Motion, Pleasant Decl., ¶¶1-4.) The supporting declaration explains\r\nwhat changes are to be added and that the amendments arise following\r\nPlaintiff’s discovery that a second insured was involved in the subject\r\naccident. (Motion, Pleasant Decl., ¶¶3-4.) Upon realizing this error, Plaintiff\r\nsought to file the First Amended Complaint but did so without leave of Court. (Amended\r\nComplaint, filed 02/19/21.) The policy favoring amendment and resolving all\r\nmatters in the same dispute is “so strong that it is a rare case in which\r\ndenial of leave to amend can be justified. . . .” (Magpali v. Farmers Group\r\n(1996) 48 Cal.App.4th 471, 487.) However, “[a] different result is indicated\r\n‘where inexcusable delay and probable prejudice to the opposing party’ is\r\nshown. [Citation].” (Ibid.) Here, nothing suggests inexcusable delay by\r\nPlaintiff or any prejudice to Defendant, who does not oppose the Motion.

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Conclusion

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Plaintiff State Farm Mutual Automobile\r\nInsurance Company’s Motion for Leave to File First Amended Complaint is\r\nGRANTED. FIRST AMENDED COMPLAINT TO BE FILED AND SERVED WITHIN 20 DAYS’ SERVICE\r\nOF THIS ORDER.

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Moving party to give notice.

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