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This case was last updated from Los Angeles County Superior Courts on 06/03/2021 at 22:14:28 (UTC).

PROMATE PRODUCE USA, INC., ET AL. VS TOKIO MARINE HCC, ET AL.

Case Summary

On 04/10/2020 PROMATE PRODUCE USA, INC filed a Contract - Other Contract lawsuit against TOKIO MARINE HCC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0243

  • Filing Date:

    04/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

GARCIA-MUNGUIA SERGIO

PROMATE PRODUCE USA INC.

TAIPEI INVESTMENTS LLC

Defendants

TOKIO MARINE HCC

SURETEC INDEMNITY COMPANY

AMERICAN CONTRACTORS INDEMNITY COMPANY

TOKIO MARINE HCC A TEXAS CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

ARLEDGE CHRISTOPHER

HUNT ROBERT DEVON

Defendant Attorneys

HOWARD ELMIRA

SHUMAKE BRIAN RUSSELL

SHUMAKE BRIAN

BUCHANAN NATASHA

 

Court Documents

Opposition - OPPOSITION TO DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S MOTION TO SET ASIDE ENTRY OF DEFAULT

5/25/2021: Opposition - OPPOSITION TO DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S MOTION TO SET ASIDE ENTRY OF DEFAULT

Declaration - DECLARATION OF CHRISTOPHER W. ARLEDGE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION TO SET ASIDE ENTRY OF DEFAULT

5/25/2021: Declaration - DECLARATION OF CHRISTOPHER W. ARLEDGE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION TO SET ASIDE ENTRY OF DEFAULT

Case Management Statement

4/6/2021: Case Management Statement

Notice of Ruling

4/1/2021: Notice of Ruling

Declaration Pursuant to 585 CCP in Support of Default Judgment

3/16/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment

3/16/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE AS TO TOKIO MARINE HCC, A TEXAS CORPORATION, FROM COMPLAINT

3/17/2021: Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE AS TO TOKIO MARINE HCC, A TEXAS CORPORATION, FROM COMPLAINT

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS TOKIO MARINE HCC AND AMERICAN CONTRACTORS IDEMNITY COMPANY'S DEMURRER TO COMPLAINT

3/17/2021: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS TOKIO MARINE HCC AND AMERICAN CONTRACTORS IDEMNITY COMPANY'S DEMURRER TO COMPLAINT

Request for Judicial Notice

3/29/2021: Request for Judicial Notice

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EX PARTE APPLICATION TO SET ASIDE DEFAULT OR IN THE

3/29/2021: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT AMERICAN CONTRACTORS INDEMNITY COMPANY'S EX PARTE APPLICATION TO SET ASIDE DEFAULT OR IN THE

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO SET ASIDE DEFAULT

3/29/2021: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO SET ASIDE DEFAULT

Notice of Ruling

3/30/2021: Notice of Ruling

Case Management Statement

7/9/2020: Case Management Statement

Answer

6/30/2020: Answer

Proof of Personal Service

5/29/2020: Proof of Personal Service

Notice of Case Management Conference

4/17/2020: Notice of Case Management Conference

Civil Case Cover Sheet

4/10/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

4/10/2020: Notice of Case Assignment - Unlimited Civil Case

47 More Documents Available

 

Docket Entries

  • 12/07/2021
  • Hearing12/07/2021 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 07/06/2021
  • Hearing07/06/2021 at 1:30 PM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Case Management Conference

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  • 06/08/2021
  • Hearing06/08/2021 at 09:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)

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  • 06/01/2021
  • DocketReply (to Opposition to Set Aside Default); Filed by American Contractors Indemnity Company (Defendant)

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  • 06/01/2021
  • DocketDeclaration (of Natasha Buchanan iso ACIC's Reply to Opposition to Motion To Set Aside the Default); Filed by American Contractors Indemnity Company (Defendant)

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  • 05/25/2021
  • DocketDeclaration (of Robert D. Hunt in Support of Opposition to Defendant's Motion to Set Aside Entry of Default); Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 05/25/2021
  • DocketDeclaration (of Christopher W. Arledge in Support of Opposition to Defendant's Motion to Set Aside Entry of Default); Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 05/25/2021
  • DocketOpposition (to Defendant American Contractors Indemnity Company's Motion to Set Aside Entry of Default); Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 05/25/2021
  • DocketDeclaration (of Brian Shumake); Filed by American Contractors Indemnity Company (Defendant)

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  • 05/25/2021
  • DocketRequest for Judicial Notice (in Support of Plaintiffs' Opposition to Defendants' Motion to Set Aside Entry of Default); Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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52 More Docket Entries
  • 06/24/2020
  • DocketCertificate of Mailing for ((Court Order regarding Notice of Related Case;) of 06/24/2020); Filed by Clerk

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  • 06/24/2020
  • DocketMinute Order ( (Court Order regarding Notice of Related Case;)); Filed by Clerk

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  • 05/29/2020
  • DocketProof of Service by Substituted Service; Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 05/29/2020
  • DocketProof of Personal Service; Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 04/21/2020
  • DocketNotice of Related Case; Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 04/17/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/10/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/10/2020
  • DocketSummons (on Complaint); Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 04/10/2020
  • DocketCivil Case Cover Sheet; Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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  • 04/10/2020
  • DocketComplaint; Filed by Promate Produce USA, Inc. (Plaintiff); Taipei Investments, LLC (Plaintiff); Sergio Garcia-Munguia (Plaintiff)

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Tentative Rulings

Case Number: 20NWCV00243    Hearing Date: March 30, 2021    Dept: C

PROMATE PRODUCE USA, INC. v. TOKIO MARINE HCC, et al.

CASE NO.:  20NWCV00243

HEARING 3/30/21 @ 10:30 AM

[Remote appearances are encouraged and will be given priority.]

#5

TENTATIVE ORDER

Defendant Tokio Marine HCC’s demurrer is MOOT. Defendant Tokio Marine was dismissed on 3/17/21.

Defendant American Contractors Indemnity Company’s demurrer is DENIED. A default was entered against Defendant on 9/8/20. This demurrer was filed on 9/14/20. Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. (W.A. Rose Co. v. Mun.Ct. (1959) 16 Cal.App.2d 67, 71.)

Plaintiff to give NOTICE.

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