This case was last updated from Los Angeles County Superior Courts on 07/03/2020 at 00:46:15 (UTC).

21ST CENTURY INSURANCE COMPANY VS WILLIAM ANTONIO SANDOVAL

Case Summary

On 02/16/2018 21ST CENTURY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against WILLIAM ANTONIO SANDOVAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4334

  • Filing Date:

    02/16/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

21ST CENTURY INSURANCE COMPANY

Defendants and Respondents

MORO TRANSPORT

SANDOVAL WILLIAM ANTONIO

MARTINEZ CLAUDIA

DOES 1 TO 30

MURCIA LUIS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

STRUMWASSER GREGG

TRABISH ADAM CHARLES

Defendant Attorney

DURAN MANUEL ESQ.

 

Court Documents

Request for Dismissal

6/29/2020: Request for Dismissal

Request for Dismissal

3/12/2020: Request for Dismissal

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: NOTICE OF UNCONDITIONAL SETTLE...)

1/6/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: NOTICE OF UNCONDITIONAL SETTLE...)

Notice of Settlement

1/6/2020: Notice of Settlement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: NOTICE OF UNCONDITIONAL SETTLE...) OF 01/06/2020

1/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: NOTICE OF UNCONDITIONAL SETTLE...) OF 01/06/2020

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO AMEND MOTION TO AMEND ANSWER)

11/18/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO AMEND MOTION TO AMEND ANSWER)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

11/7/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Substitution of Attorney

9/23/2019: Substitution of Attorney

Substitution of Attorney

9/23/2019: Substitution of Attorney

Notice - NOTICE OF CONTINUANCE OF TRIAL AND FINAL STATUS CONFERENCE DATES

8/9/2019: Notice - NOTICE OF CONTINUANCE OF TRIAL AND FINAL STATUS CONFERENCE DATES

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

6/6/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

7/10/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

COMPLAINT FOR DAMAGES

2/16/2018: COMPLAINT FOR DAMAGES

ANSWER OF DEFENDANTS LUIS MURICA AND MORO TRANSPORT

7/30/2018: ANSWER OF DEFENDANTS LUIS MURICA AND MORO TRANSPORT

ANSWER TO COMPLAINT

6/13/2018: ANSWER TO COMPLAINT

ORDER ON COURT FEE WAIVER -

6/13/2018: ORDER ON COURT FEE WAIVER -

PROOF OF SERVICE SUMMONS -

3/16/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

3/20/2018: PROOF OF SERVICE SUMMONS -

19 More Documents Available

 

Docket Entries

  • 07/01/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 06/29/2020
  • DocketRequest for Dismissal; Filed by 21st Century Insurance Company (Plaintiff)

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  • 06/29/2020
  • DocketRequest for Dismissal; Filed by 21st Century Insurance Company (Plaintiff)

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  • 03/12/2020
  • DocketRequest for Dismissal ((not entered)); Filed by 21st Century Insurance Company (Plaintiff)

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  • 01/23/2020
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 01/08/2020
  • Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 01/06/2020
  • Docketat 2:30 PM in Department 3, Holly E. Kendig, Presiding; Non-Appearance Case Review

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  • 01/06/2020
  • DocketNotice of Settlement; Filed by 21st Century Insurance Company (Plaintiff)

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  • 01/06/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review re: Notice of Unconditional Settle...) of 01/06/2020); Filed by Clerk

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  • 01/06/2020
  • DocketMinute Order ( (Non-Appearance Case Review re: Notice of Unconditional Settle...)); Filed by Clerk

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37 More Docket Entries
  • 05/04/2018
  • DocketProof-Service/Summons; Filed by 21st Century Insurance Company (Plaintiff)

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  • 04/20/2018
  • DocketProof-Service/Summons; Filed by 21st Century Insurance Company (Plaintiff)

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  • 04/20/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/20/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/20/2018
  • DocketProof-Service/Summons; Filed by 21st Century Insurance Company (Plaintiff)

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  • 03/16/2018
  • DocketProof-Service/Summons; Filed by 21st Century Insurance Company (Plaintiff)

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  • 03/16/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/16/2018
  • DocketCOMPLAINT FOR DAMAGES

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  • 02/16/2018
  • DocketSUMMONS

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  • 02/16/2018
  • DocketComplaint; Filed by 21st Century Insurance Company (Plaintiff)

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Tentative Rulings

Case Number: BC694334    Hearing Date: November 18, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

21ST CENTURY INSURANCE,

Plaintiff(s),

vs.

WILLIAM ANTONIO SANDOVAL, ET AL.,

Defendant(s).

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CASE NO: BC694334

[TENTATIVE] ORDER DENYING MOTION TO AMEND ANSWER AND FOR LEAVE TO FILE CROSS-COMPLAINT

Dept. 3

1:30 p.m.

November 18, 2019

1. Background Facts

Plaintiff, 21st Century Insurance Company filed this action against Defendants, William Antonio Sandoval, Luis Murcia, Claudia Martinez, and Moro Transport for subrogation arising out of an auto accident with its insured. Plaintiff filed the complaint on 2/16/18.

Sandoval filed an answer on 6/13/18. The Clerk entered Murcia, Martinez, and Moro’s default on 7/16/18. Murcia and Moro filed an answer on 7/30/18. Murcia and Moro (which appears to be a mere dba of Murcia) filed a substitution of attorney on 9/23/19, pursuant to which they are now representing themselves. There is nothing in the file suggesting Murcia and Moro are no longer in default; however, on 11/07/19, Plaintiff, Murcia/Moro, and Sandoval filed a joint stipulation to continue the trial date, which suggests the parties are not treating Murcia/Moro as though they are in default. The Court asks the parties to file a formal stipulation to this effect so the case file is clear and does not reflect Murcia/Moro as being in default.

2. Matters on Calendar Today

At this time Defendant, William Sandoval moves for leave to amend his answer and to file a cross-complaint. Sandoval is self-represented, and declares he consulted with an attorney, who told him he needs to add the affirmative defense of “Responded at Superior” to his answer, and he needs to file a cross-complaint against Murcia and Mora for indemnity.

a. Motion for Leave to File Cross-Complaint

Sandoval filed this motion on 10/16/19 and served it by mail the same day. Sandoval served the motion on Murcia and Moro through their former attorney. As noted above, Murcia and Moro commenced representing themselves on 9/23/19. Thus, Sandoval was required to serve the moving papers on Murcia and Moro.

If Sandoval re-files the motion, the Court asks that he provide a copy of the proposed cross-complaint as an exhibit to the motion. Sandoval indicates a copy is included with his moving papers, but the Court cannot locate a copy of the proposed cross-complaint.

b. Motion for Leave to File Amended Answer

The motion for leave to file an amended answer is also denied for failure to properly serve the moving papers on all parties to the action. Additionally, CRC 3.1324(a) provides that, “A motion to amend a pleading shall (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.”

The Court understands that Sandoval is self-represented, and will not require strict compliance with the Rules of Court. Sandoval must, however, provide a copy of the proposed amended answer with his moving papers. Again, Sandoval indicates a copy of the amended answer is included with his moving papers, but the Court cannot locate the document.

c. Conclusion

The motion for leave to file an amended answer and cross-complaint is denied without prejudice. Sandoval must properly serve all parties to the action with notice of the motion. Sandoval must also include copies of his proposed pleadings with the moving papers.

Moving Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.