This case was last updated from Los Angeles County Superior Courts on 08/07/2020 at 08:03:09 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS RACHELLE CAMILLE MIDDLETON

Case Summary

On 02/28/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against RACHELLE CAMILLE MIDDLETON. 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:

    *******2170

  • Filing Date:

    02/28/2019

  • 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

MIDDLETON RACHELLE CAMILLE AKA RACHELLE C. LOPEZ

Cross Plaintiff

MIDDLETON RACHELLE CAMILLE

Cross Defendants

BARRON DANIEL

BARRON FRANCISCO

Attorney/Law Firm Details

Plaintiff Attorney

MAGPAPIAN MANUEL M

Defendant Attorney

APORTADERA-TORRES ARABELLE

Cross Plaintiff Attorney

DEMAIO MICHELLE MARIE BROWN

 

Court Documents

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

5/28/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Association of Attorney - Association of Attorney

6/4/2020: Association of Attorney - Association of Attorney

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES]

6/9/2020: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES]

Request for Dismissal - Request for Dismissal

10/31/2019: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice Notice of Demurrer and Demurrer to Cross-Complaint

9/25/2019: Notice (name extension) - Notice Notice of Demurrer and Demurrer to Cross-Complaint

Answer - Answer

6/27/2019: Answer - Answer

Summons - Summons on Complaint

7/22/2019: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

7/22/2019: Cross-Complaint - Cross-Complaint

Answer - Answer

7/22/2019: Answer - Answer

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO SET ASIDE ANSWER

8/7/2019: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO SET ASIDE ANSWER

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

8/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

8/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

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

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

2/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

2/28/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

2/28/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

2/28/2019: Summons - Summons on Complaint

6 More Documents Available

 

Docket Entries

  • 01/22/2021
  • Hearing01/22/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 06/09/2020
  • DocketStipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES]; Filed by: Rachelle Camille Middleton (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 06/09/2020
  • DocketUpdated -- Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES]: Status changed from Filed to Signed and Filed

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  • 06/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/09/2020

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  • 06/09/2020
  • DocketUpdated -- Event scheduled for 08/27/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Non-Jury Trial to Jury Trial

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  • 06/09/2020
  • DocketPursuant to written stipulation, Jury Trial scheduled for 08/27/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 01/22/2021 08:30 AM

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  • 06/04/2020
  • DocketAssociation of Attorney; Filed by: Rachelle Camille Middleton (Cross-Complainant)

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  • 05/28/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Rachelle Camille Middleton (Cross-Complainant)

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  • 11/01/2019
  • DocketPursuant to the request of moving party, Hearing on Demurrer - without Motion to Strike scheduled for 11/04/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Taken Off Calendar by Party on 11/01/2019

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  • 10/31/2019
  • DocketRequest for Dismissal; Filed by: Rachelle Camille Middleton (Cross-Complainant); As to: Francisco Barron (Cross-Defendant); Daniel Barron (Cross-Defendant)

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11 More Docket Entries
  • 06/27/2019
  • DocketAnswer; Filed by: Rachelle Camille Middleton (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 04/04/2019
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: Rachelle Camille Middleton (Defendant); Proof of Mailing Date: 03/20/2019; Service Cost: 70.00; Service Cost Waived: No

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  • 03/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/01/2019
  • DocketNon-Jury Trial scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/28/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/28/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: Rachelle Camille Middleton (Defendant)

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  • 02/28/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: Rachelle Camille Middleton (Defendant)

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  • 02/28/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: Rachelle Camille Middleton (Defendant)

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Tentative Rulings

Case Number: 19STLC02170    Hearing Date: November 04, 2019    Dept: 94

State Farm v. Middleton, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Counsel of record for Cross-Defendants Francisco Barron and Daniel Barron and Cross-Complainant Rachelle Camille Middleton aka Rachelle C. Lopez are ordered to personally appear for the hearing on Cross-Defendants’ Demurrer as scheduled on November 4, 2019 at 10:30 am in Department 94.

Cross-Defendants Francisco Barron and Daniel Barron’s Demurrer to the Cross-Complaint is CONTINUED TO DECEMBER 16, 2019 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On February 28, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Rachelle Camille Middleton aka Rachelle C. Lopez (“Cross-Complainant”). On July 22, 2019, Cross-Complainant filed a Cross-Complaint for indemnity and comparative contribution against Cross-Defendants Francisco Barron and Daniel Barron (“Cross-Defendants”). Cross-Defendants filed the instant demurrer to the Cross-Complaint on September 25, 2019. To date, no opposition has been filed.

The Court again finds that Cross-Defendants have not satisfied the meet and confer requirements set forth at Code of Civil Procedure, section 430.41. Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

The meet and confer declaration made by counsel for Cross-Defendants states only that a letter regarding the basis for the Demurrer was sent to counsel for Cross-Complainant on September 13, 2019. (Demurrer, Magpapian Decl., ¶7.) Nothing in the declaration or meet and confer letter indicate that the attorneys met in person, spoke on the phone, or made any attempt to do so. (Id. at Exh. A.) Instead, the meet and confer letter demanded that Cross-Complainant dismiss the Cross-Complaint or the instant Demurrer would be filed. (Ibid.)

Accordingly, counsel of record for Cross-Defendants and Cross-Complainant are ordered to personally appear for the hearing on Cross-Defendants’ Demurrer as scheduled on November 4, 2019 at 10:30 am in Department 94. Counsel for both parties are to be prepared to conduct a complete and thorough meet and confer at that time. Following their appearance, the hearing on the Demurrer will be continued to December 16, 2019 at 10:30 am in Department 94. At least 16 court days prior to the new hearing date, Cross-Defendants are to file a declaration demonstrating compliance with the meet and confer requirement. Also, at least 16 court days prior to the new hearing date, the parties are to file a joint statement of the issues that remain to be resolved with respect to the Demurrer. Failure to comply with the court’s orders may result in the Demurrer being placed off calendar, or further action as the Court may see fit.

Moving party to give notice.