This case was last updated from Los Angeles County Superior Courts on 11/29/2019 at 13:40:06 (UTC).

TIFFANIE T KENNEDY VS USAA, INC, ET AL.

Case Summary

On 07/31/2019 a Other case was filed by TIFFANIE T KENNEDY against USAA, INC 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:

    *******7027

  • Filing Date:

    07/31/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

KENNEDY TIFFANIE T

Defendants

USAA INC

COPART INC

Attorney/Law Firm Details

Defendant Attorneys

MOYA REN

MICHAIL MAUREEN M

 

Court Documents

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

11/15/2019: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

11/15/2019: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

11/25/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

11/25/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

10/22/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Judicial Notice - Request for Judicial Notice

10/25/2019: Request for Judicial Notice - Request for Judicial Notice

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

10/25/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Request for Judicial Notice - Request for Judicial Notice Amended

10/28/2019: Request for Judicial Notice - Request for Judicial Notice Amended

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

10/4/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

10/8/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

9/30/2019: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Proof of Service by Mail - Proof of Service by Mail

8/6/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Complaint

7/31/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/31/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

7/31/2019: Complaint - Complaint

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

7/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/31/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

7/31/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

7 More Documents Available

 

Docket Entries

  • 08/03/2022
  • Hearing08/03/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/27/2021
  • Hearing01/27/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/16/2019
  • Hearing12/16/2019 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 12/16/2019
  • Hearing12/16/2019 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer

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  • 11/25/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 11/25/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 11/15/2019
  • DocketNotice of Intent to Appear by Telephone; Filed by: Tiffanie T Kennedy (Plaintiff)

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  • 11/15/2019
  • DocketNotice of Intent to Appear by Telephone; Filed by: Tiffanie T Kennedy (Plaintiff)

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  • 11/06/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Tiffanie T Kennedy (Plaintiff); As to: Copart, Inc (Defendant)

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  • 11/06/2019
  • Docket; Default not entered as to Copart, Inc; On the Complaint filed by Tiffanie T Kennedy on 07/31/2019

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18 More Docket Entries
  • 07/31/2019
  • DocketComplaint; Filed by: Tiffanie T Kennedy (Plaintiff); As to: USAA, Inc (Defendant); Copart, Inc (Defendant)

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  • 07/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketRequest to Waive Court Fees; Filed by: Tiffanie T Kennedy (Plaintiff)

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  • 07/31/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Tiffanie T Kennedy (Plaintiff)

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  • 07/31/2019
  • DocketCivil Case Cover Sheet; Filed by: Tiffanie T Kennedy (Plaintiff)

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  • 07/31/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/31/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/31/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/31/2019
  • DocketNon-Jury Trial scheduled for 01/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC07027    Hearing Date: December 16, 2019    Dept: 94

Kennedy v. USAA, Inc., et al.

DEMURRER AND MOTION TO STRIKE

(CCP § 430.10, et seq.)

TENTATIVE RULING

Defendant USAA General Indemnity Co.’s Motion to Strike in LASC Case No. 19STLC06300 is GRANTED. THE FIRST AMENDED COMPLAINT FILED ON OCTOBER 18, 2019 IS STRUCK.

Defendant USAA General Indemnity Co.’s Demurrer and Defendant Copart, Inc.’s Motion to Strike in LASC Case No. 19STLC07027 are PLACED OFF CALENDAR.

LASC Case No. 19STLC06300 and LASC Case Nos. 19STLC07027 ARE CONSOLIDATED FOR ALL PURPOSES WITH LASC CASE NO. 19STLC06300 TO BE THE LEAD CASE. ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER. ALL FUTURE DATES IN LASC CASE NO. 19STLC07027, ARE VACATED.

PLAINTIFF IS ORDERED TO FILE A FIRST AMENDED COMPLAINT CONSOLIDATING THE CLAIMS IN CASE NO. 19STLC06300 AND CASE NO. 19STLC07027.

ANALYSIS:

Demurrer and Motion to Strike in Case No. 19STLC07027

Plaintiff Tiffanie T. Kennedy (“Plaintiff”) filed the action in LASC Case No. 19STLC07027 for breach of contract and bad faith against Defendants USAA General Indemnity Co. (erroneously sued as USAA, Inc.)  (“Defendant USAA”) and Copart, Inc. (“Defendant Copart”) on July 31, 2019. On September 30, 2019, Defendant Copart filed the instant Motion to Strike Portions of the Complaint. On October 25, 2019, Defendant USAA filed the instant Demurrer. Plaintiff filed an opposition to the Motion to Strike on December 2, 2019.

Meet and confer declarations, which accompany both the Demurrer and Motion to Strike, satisfy the requirements of Code of Civil Procedure sections 430.41 and 439. (Demurrer, Michail Decl., ¶¶5-7; Motion to Strike, Moya III Decl., ¶3.)

Defendant USAA demurs to the Complaint on the grounds that that there is another action pending between the same parties on the same claims, the Complaint fails to state sufficient facts and is uncertain. Code of Civil Procedure section 430.10, subdivision (c) states that a a demurrer may be brought where “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10, subd. (c).) Here, Plaintiff previously filed an action on July 8, 2019—Kennedy v. USAA, Inc., LASC Case No. 19STLC06300—against Defendant USAA alleging the same facts, namely that she was damaged by their conduct following damage caused to her vehilce by an unidentified vehilce. Both cases revolve around Defendants’ liability for the damage to Plaintiff’s vehilce, whether caused by an unidentified driver or by the company that towed Plaintiff’s vehilce following the accident. The claims alleged, however, are not identical, as the Complaint here alleges negligence, fraud, and conversion. (Compl., ¶¶9-25.) The Complaint in Case No. 19STLC06300 only alleges breach of contract and bad faith. (Case No. 19STLC06300 Compl., ¶¶8-25.)

In light of the foregoing, the Court on its own motion consolidates the actions under Code of Civil Procedure section 1048 for all purposes. Specifically, Code of Civil Procedure section 1048, subdivision (a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a).) Given that both cases arise out of the same set of facts and involve common questions of law and fact, consolidation is appropriate to conserve the resource of both the Court and the parties.

Case No. 19STLC06300 is designated the lead case.

Motion to Strike in Case No. 19STLC06300

Plaintiff filed the action in Case No. 19STLC06300 on July 8, 2019. Defendant USAA filed its Answer on August 13, 2019. On October 18, 2019, Plaintiff filed a First Amended Complaint. Defendant USAA filed the instant Motion to Strike the First Amended Complaint on October 28, 2019. Defendant USAA moves the strike the First Amended Complaint on the grounds that it was filed without leave of Court.

A plaintiff may amend a complaint once as a matter of right “at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon . . . .” (Code Civ. Proc., § 472, subd. (a).) Here, where Defendant USAA filed only an Answer to the Complaint, Plaintiff’s right to amend was thereafter cut off. An amendment to the Complaint after the filing of the Answer may only be upon leave of Court.

As the Court has not given Plaintiff leave to file an amended Complaint, the First Amended Complaint filed on October 18, 2019 is hereby struck. To the extent Plaintiff’s opposition seeks leave to amend, Plaintiff is ordered to file a First Amended Complaint consolidating the claims in Case No. 19STLC06300 and Case No. 19STLC07027. This will allow Defendants to challenge the propriety of any of the allegations or claims therein in a single action.

Conclusion

Defendant USAA General Indemnity Co.’s Motion to Strike in LASC Case No. 19STLC06300 is GRANTED. THE FIRST AMENDED COMPLAINT FILED ON OCTOBER 18, 2019 IS STRUCK.

Defendant USAA General Indemnity Co.’s Demurrer and Defendant Copart, Inc.’s Motion to Strike in LASC Case No. 19STLC07027 are PLACED OFF CALENDAR.

LASC Case No. 19STLC06300 and LASC Case Nos. 19STLC07027 ARE CONSOLIDATED FOR ALL PURPOSES WITH LASC CASE NO. 19STLC06300 TO BE THE LEAD CASE. ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER. ALL FUTURE DATES IN LASC CASE NO. 19STLC07027, ARE VACATED.

PLAINTIFF IS ORDERED TO FILE A FIRST AMENDED COMPLAINT CONSOLIDATING THE CLAIMS IN CASE NO. 19STLC06300 AND CASE NO. 19STLC07027.

Moving party to give notice.