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This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 04:39:23 (UTC).

METRO DIRECT PROPERTY AND CASUALTY COMPANY INC VS ERIN RAUL

Case Summary

On 10/17/2017 METRO DIRECT PROPERTY AND CASUALTY COMPANY INC filed a Property - Other Property Fraud lawsuit against ERIN RAUL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0159

  • Filing Date:

    10/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

METROPOLITAT DIRECT PROPERTY AND

Defendants and Respondents

MEJIAN ERIN RAUL

DOES 1 TO 100

MEJIA ERIN RAUL

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PERKINS JAMES J. ESQ.

PERKINS JAMES J ESQ.

 

Court Documents

Unknown

1/25/2018: Unknown

SUBSTITUTION OF ATTORNEY

12/5/2017: SUBSTITUTION OF ATTORNEY

NOTICE OF CASE MANAGEMENT CONFERENCE

10/31/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

10/17/2017: SUMMONS

COMPLAINT FOR FRAUD; ETC

10/17/2017: COMPLAINT FOR FRAUD; ETC

 

Docket Entries

  • 04/19/2019
  • Declaration ( in Support of Entry of Default); Filed by METROPOLITAT DIRECT PROPERTY AND (Plaintiff)

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  • 04/16/2019
  • at 08:30 AM in Department 78; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held - Continued

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  • 04/16/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 02/19/2019
  • at 08:30 AM in Department 78; (OSC-Failure to File Request Ent of Def) - Held - Continued

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  • 02/19/2019
  • at 08:30 AM in Department 78; Hearing on Motion to Deem Request for Admissions Admitted - Held - Motion Granted

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  • 02/19/2019
  • Notice of Ruling; Filed by METROPOLITAT DIRECT PROPERTY AND (Plaintiff)

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  • 02/19/2019
  • Order (Ruling Re: Metropolitan Direct Property and Casualty Company, Inc.'s Motion to Deem Requests for Admission, Set One, Admitted by Defendant Erin Raul Mejia); Filed by Clerk

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  • 02/19/2019
  • Minute Order ( (Legacy Event Type : OSC-Failure to File Request Ent of Def; H...)); Filed by Clerk

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  • 01/31/2019
  • Proof of Personal Service; Filed by METROPOLITAT DIRECT PROPERTY AND (Plaintiff)

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  • 01/31/2019
  • Proof of Personal Service; Filed by METROPOLITAT DIRECT PROPERTY AND (Plaintiff)

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31 More Docket Entries
  • 02/14/2018
  • Minute Order

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  • 01/25/2018
  • Case Management Statement; Filed by Plaintiff/Petitioner

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  • 01/25/2018
  • CASE MANAGEMENT STATEMENT

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  • 12/05/2017
  • SUBSTITUTION OF ATTORNEY

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  • 12/05/2017
  • Substitution of Attorney; Filed by Plaintiff/Petitioner

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  • 10/31/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 10/31/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/17/2017
  • COMPLAINT FOR FRAUD; ETC

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  • 10/17/2017
  • SUMMONS

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  • 10/17/2017
  • Complaint; Filed by METROPOLITAT DIRECT PROPERTY AND (Plaintiff)

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Tentative Rulings

Case Number: BC680159    Hearing Date: January 05, 2021    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

METROPOLITAN DIRECT PROPERTY AND CASUALTY COMPANY, INC., et al.;

Plaintiffs,

vs.

ERIN MEJIAet al.; 

Defendants.

Case No.:

BC680159

Hearing Date:

January 5, 2021

[TENTATIVE] RULING RE:

Plaintiff metropolitan direct property and casual company, inc.’s Motion to Continue Trial AND ALL RELATED PRE-TRIAL DATES

Plaintiff Metropolitan Direct Property and Casualty Company, Inc’s Motion to Continue Trial is GRANTED.

Factual Background

This is an action for fraud. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Metropolitan Direct Property and Casualty Company, Inc. (“Metro”) hired Defendant Erin Raul Mejia (“Mejia”) as an appraiser and adjuster in February 2015. Until Mejia resigned in July 2016, Mejia submitted false and fraudulent bodily injury and vehicle damage claims, which resulted in payments to others. (SAC ¶¶ 10–13.) 

procedural history

Metro filed the Complaint on October 17, 2017, and filed the FAC on August 10, 2018, alleging one cause of action for fraud.

On August 5, 2019, Metro filed the SAC, alleging the same cause of action for fraud.

On June 25, 2020, this Court granted Metro’s ex parte application for an order to continue trial date. The Court scheduled trial for March 23, 2021.

On December 2, 2020, Metro filed the present Motion to Continue Trial.

No opposition has been filed.

Discussion

  1. MOTION TO CONTINUE TRIAL

“A motion for continuance is addressed to the sound discretion of the trial court. However, the trial judge must exercise his discretion with due regard to all interests involved, and the refusal of a continuance which has the practical effect of denying the applicant a fair hearing is reversible error.” (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394, internal quotation marks, citations, and alterations omitted.)

Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332(c); Hernandez v. Superior Court

Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party if (A) the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or (B) the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial. (Cal. Rules of Court, rule 3.1332(c).)

On June 25, 2020, this Court granted Metro’s ex parte application to continue trial from August 24, 2020 to March 23, 2021 due to COVID-19 and discovery issues. Metro now moves to continue the trial from the current scheduled date of March 23, 2021. (Motion at p. 2.) Metro argues that good cause exists to continue trial because Metro timely filed a Motion for Summary Judgment on December 7, 2020, and the earliest date available on the Court’s reservation system was May 24, 2021, after the scheduled trial date. (Motion at pp. 5-6.)

The Court agrees that the Motion for Summary Judgment was timely filed and finds good cause to continue the trial date.

Mejia has filed no opposition.

Metro’s Motion to Continue Trial is GRANTED. Trial is scheduled for July 13, 2021. At 9:30 AM. The final status conference is scheduled for June 30, 2021 at 8:30 AM.

Plaintiff to give notice.

DATED: January 5, 2021 ________________________________

Hon. Robert S. Draper

Judge of the Superior Court

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