This case was last updated from Los Angeles County Superior Courts on 10/15/2020 at 03:16:41 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS VALERIE NICOLE MONTOYA

Case Summary

On 09/07/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against VALERIE NICOLE MONTOYA. 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:

    *******1559

  • Filing Date:

    09/07/2018

  • 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

MONTOYA VALERIE NICOLE AKA VALERIE NICOLE MARTINEZ

Attorney/Law Firm Details

Plaintiff Attorney

LOURO JENNY ROSE

Defendant Attorneys

CHOPAK WILLIAM

WHITE PAULINE

 

Court Documents

Notice of Motion - Notice of Motion

7/24/2020: Notice of Motion - Notice of Motion

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

7/24/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration OF BREANNE L REESE ESQ ISO MOTION TO STRIKE DEFENDANTS ANSWER FOR FAILURE TO APPEAR AT TRIALE

7/24/2020: Declaration (name extension) - Declaration OF BREANNE L REESE ESQ ISO MOTION TO STRIKE DEFENDANTS ANSWER FOR FAILURE TO APPEAR AT TRIALE

Opposition (name extension) - Opposition to Motion to Strike Answer; Request to Strike Complaint

8/6/2020: Opposition (name extension) - Opposition to Motion to Strike Answer; Request to Strike Complaint

Substitution of Attorney - Substitution of Attorney

8/6/2020: Substitution of Attorney - Substitution of Attorney

Reply (name extension) - Reply TO OPPOSITION TO MOTION TO STRIKE

8/12/2020: Reply (name extension) - Reply TO OPPOSITION TO MOTION TO STRIKE

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

8/12/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

8/19/2020: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 08/19/2020

8/19/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 08/19/2020

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

8/19/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Notice of Ruling - Notice of Ruling

3/12/2020: Notice of Ruling - Notice of Ruling

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

10/22/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

3/4/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Non-Jury Trial)

3/6/2020: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

12/7/2018: Answer - Answer

Proof of Service by Substituted Service

10/3/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

9/7/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/7/2018: Notice of Case Assignment - Limited Civil Case

14 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; Non-Jury Trial

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  • 08/19/2020
  • DocketNon-Jury Trial scheduled for 06/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/19/2020
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/19/2020
  • DocketMinute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

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  • 08/19/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 08/19/2020; Filed by: Clerk

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  • 08/19/2020
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 08/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/19/2020; Result Type to Held - Motion Denied

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  • 08/19/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 09/10/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/19/2020

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  • 08/19/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 09/14/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/19/2020

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  • 08/12/2020
  • DocketReply TO OPPOSITION TO MOTION TO STRIKE; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/12/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Valerie Nicole Montoya (Defendant)

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19 More Docket Entries
  • 12/07/2018
  • DocketAnswer; Filed by: Valerie Nicole Montoya (Defendant)

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  • 10/03/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Valerie Nicole Montoya (Defendant); Proof of Mailing Date: 09/27/2018; Service Cost: 89.50; Service Cost Waived: No

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  • 09/07/2018
  • DocketDeclaration of venue; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/07/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Valerie Nicole Montoya (Defendant)

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  • 09/07/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/07/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 09/07/2018
  • DocketNon-Jury Trial scheduled for 03/06/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC11559    Hearing Date: August 19, 2020    Dept: 26

MOTION TO STRIKE

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Strike the Answer is DENIED.

ANALYSIS:

Following Defendant’s failure to appear for trial on March 6, 2020, Plaintiff indicated it would file a motion to strike the answer. The Court placed the trial off calendar. Plaintiff filed the instant Motion to Strike Answer on July 24, 2020. Defendant filed an opposition on August 6, 2020 and Plaintiff replied on August 12, 2020.

Discussion

The Motion fails to comply with the requirements of the California Rules of Court because it contains no legal authority in support of the requested relief. (Motion, pp. 1-3.) “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) The Motion is merely a recitation of facts with evidence in support of those facts.

It is only in the reply papers that Plaintiff offers citation to legal authority, namely, two cases. First, In Re Marriage of Gumabao (1988) 150 Cal.App.3d 572, 573-574, the court awarded monetary sanctions under Code of Civil Procedure section 128.5 against an attorney who represented readiness for trial and then failed to appear. (In Re Marriage of Gumabao (1988) 150 Cal.App.3d 572.) Similarly, Wong v. Davidian (1988) 206 Cal.App.3d 264, 271-272 confirmed that monetary sanctions can be awarded under Code of Civil Procedure section 128.5 for bad faith failure to appear for a hearing. (Wong v. Davidian (1988) 206 Cal.App.3d 264.) These cases are inapplicable to the relief sought here. Neither case nor Code of Civil Procedure section 128.5 authorize striking a pleading as a sanction for failure to appear at trial.

As Moving Party fails to demonstrate the authority or grounds for relief, the Motion to Strike Answer for Failure to Appear at Trial is DENIED.

Court clerk to give notice.