This case was last updated from Los Angeles County Superior Courts on 11/18/2020 at 05:10:14 (UTC).

RAUL HERNANDEZ MEDINA VS MARCOS RAMIREZ CONTRERAS

Case Summary

On 08/18/2017 RAUL HERNANDEZ MEDINA filed a Personal Injury - Motor Vehicle lawsuit against MARCOS RAMIREZ CONTRERAS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and EDWARD B. MORETON. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2637

  • Filing Date:

    08/18/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

EDWARD B. MORETON

 

Party Details

Plaintiff

MEDINA RAUL HERNANDEZ

Defendant

CONTRERAS MARCOS RAMIREZ

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

INJURY LEGAL CENTER P.C.

GIBSON ROBERT B. ESQ.

GIBSON ROBERT BENTLEY ESQ.

LAROCCA LAWRENCE JAMES

Defendant and Respondent Attorneys

LEOS RORY D. ESQ.

KANG JOSEPH

BARMASSE JASON MICHAEL

 

Court Documents

Request for Dismissal

11/12/2020: Request for Dismissal

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

2/11/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

8/6/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Motion for Summary Judgment

11/1/2019: Motion for Summary Judgment

Motion for Summary Judgment

11/27/2019: Motion for Summary Judgment

Notice - NOTICE NOTICE OF ERRATA RE DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION

11/27/2019: Notice - NOTICE NOTICE OF ERRATA RE DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION

Separate Statement

11/27/2019: Separate Statement

Memorandum of Points & Authorities

11/27/2019: Memorandum of Points & Authorities

Declaration - DECLARATION DECLARATION OF JASON M BARMASSE RE NOTICE OF ERRATA RE MOTION FOR SUMMARY ADJUDICATION

11/27/2019: Declaration - DECLARATION DECLARATION OF JASON M BARMASSE RE NOTICE OF ERRATA RE MOTION FOR SUMMARY ADJUDICATION

Declaration - DECLARATION DECLARATION OF JASON M BARMASSE IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY ADJUDICATI

11/27/2019: Declaration - DECLARATION DECLARATION OF JASON M BARMASSE IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY ADJUDICATI

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION REQUESTING AN ORDER CONTINUIN...)

12/5/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION REQUESTING AN ORDER CONTINUIN...)

Ex Parte Application - EX PARTE APPLICATION REQUESTING AN ORDER CONTINUING TRIAL AND RELATED DISCOVERY CUT OFF DATES

12/5/2019: Ex Parte Application - EX PARTE APPLICATION REQUESTING AN ORDER CONTINUING TRIAL AND RELATED DISCOVERY CUT OFF DATES

Notice of Ruling

12/6/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF FINAL STAT...)

8/1/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR CONTINUANCE OF FINAL STAT...)

Ex Parte Application - EX PARTE APPLICATION FOR CONTINUANCE OF FINAL STATUS CONFERENCE ANDL TRIAL

8/1/2019: Ex Parte Application - EX PARTE APPLICATION FOR CONTINUANCE OF FINAL STATUS CONFERENCE ANDL TRIAL

Notice of Ruling

2/5/2019: Notice of Ruling

NOTICE OF ASSOCIATION OF ATTORNEY

2/13/2018: NOTICE OF ASSOCIATION OF ATTORNEY

Minute Order - Minute Order (Hearing on Ex Parte Application for Continuance of Final Stat...)

1/31/2019: Minute Order - Minute Order (Hearing on Ex Parte Application for Continuance of Final Stat...)

13 More Documents Available

 

Docket Entries

  • 11/16/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Status Conference (ReUninsured Motorist Claim) - Not Held - Vacated by Court

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  • 11/16/2020
  • DocketMinute Order ( (Status Conference Re: Uninsured Motorist Claim)); Filed by Clerk

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  • 11/12/2020
  • DocketRequest for Dismissal; Filed by Raul Hernandez Medina (Plaintiff)

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  • 08/20/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 08/18/2020
  • Docketat 08:30 AM in Department 4B; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 08/06/2020
  • Docketat 10:00 AM in Department 27, Edward B. Moreton, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 08/06/2020
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/19/2020
  • Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Continued - Party's Motion

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  • 02/11/2020
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Denied

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  • 02/11/2020
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

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27 More Docket Entries
  • 04/06/2018
  • DocketNotice of Stay of Proceedings (Bankruptcy); Filed by Defendant/Respondent

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  • 02/28/2018
  • DocketNotice of Change of Firm Name; Filed by Marcos Ramirez Contreras (Defendant)

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  • 02/28/2018
  • DocketNOTICE OF FIRM NAME CHANGE AND NOTICE OF CHANGE OF ATTORNEY OF RECORD

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  • 02/13/2018
  • DocketNOTICE OF ASSOCIATION OF ATTORNEY

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  • 02/13/2018
  • DocketAssociation of Attorney; Filed by Raul Hernandez Medina (Plaintiff)

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  • 01/02/2018
  • DocketASWFR OF MARCOS RAMLREZ CONTRERAS TO COMPLAINT

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  • 01/02/2018
  • DocketAnswer; Filed by Marcos Ramirez Contreras (Defendant)

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  • 08/18/2017
  • DocketCOMPLAINT FOR PERSONAL INJURIES AND DEMAND FOR JURY TRIAL 1. CAUSE OF ACLION FOR NEGLIGENCE;

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  • 08/18/2017
  • DocketSUMMONS

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  • 08/18/2017
  • DocketComplaint; Filed by Raul Hernandez Medina (Plaintiff)

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Tentative Rulings

Case Number: ****2637    Hearing Date: February 11, 2020    Dept: 27

[TENTATIVE] ORDER RE: DEEFENDANT’S MOTION FOR SUMMARY ADJUDICATION

I. INTRODUCTION

On August 18, 2017, plaintiff Raul Hernandez Medina filed this action against defendant Marcos Ramirez Contreras for negligence arising from a two-vehicle automobile collision. The collision occurred on October 13, 2016. At the time of the collision, Defendant was insured through Access General Insurance Company (“Access General”). However, a liquidation order for Access General was filed by the Texas Department of Insurance on March 13, 2018, causing California Insurance Guarantee Association (“CIGA”) to take over defense for Defendant in this action.

Defendant moved for summary adjudication, arguing that Plaintiff was insured at the time of the accident and his insurance policy through Farmers Specialty Insurance Company (“Farmers”) provides uninsured motorist coverage which must be exhausted before CIGA is responsible for paying claims. Defendant seeks a ruling that this action is not a covered claim and that Farmers breached its duty to Plaintiff.

II. DISCUSSION

“A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages . . . or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., ; 437c, subd. (f)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ. Proc., ; 437c, subd. (f)(2).)

Defendant cites no law holding that the Court can decide on summary adjudication the issue whether Plaintiff’s claim is considered a covered claim under the Insurance Code. Defendant tries to frame it as a question of whether CIGA has a duty to cover Plaintiff’s claim, but CIGA is not a defendant here. Code of Civil Procedure section 437c, subdivision (f)(1) allows summary adjudication if the moving party contends “that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs.” Defendant’s motion does not seek a determination that he did not owe a duty to Plaintiff. Therefore, this motion is improper under section 437c, subdivision (f)(1).

Defendant also argues that the Court should find that Plaintiff’s insurance carrier, Farmers, should not have denied uninsured motorist coverage to Plaintiff and in fact breached its duty to Plaintiff by coverage. Farmers is not a party to this lawsuit. The Court cannot make an order finding a non-parties who has not been given notice and is not subject to the Court’s personal jurisdiction (because it was not served with a complaint and summons) liable for a breach of duty. Such a holding would violate Farmers’ fundamental due process rights. The proper remedy, if Plaintiff believes Farmers is not acting in good faith and had no basis for denying Plaintiff’s uninsured motorist claim, is for Plaintiff to pursue litigation against Farmers. (See, e.g., Romano v. Mercury Ins. Co. (2005) 128 Cal.App.4th 1333, 1336.)

Further, Defendant’s argument that the accident is covered by Plaintiff’s uninsured motorist insurance through Farmers is not supported by the evidence. Undisputed Material Fact No. 7 contends that the Farmers policy lists Plaintiff as an additional insured and refers to the personal auto declaration attached to the Declaration of Jonathan Barmasse. But the attached Farmers’ Personal Auto Declaration does not identify Plaintiff as an additional insured driver. It lists Mirna Garcia, Valentin Rosario, and Veronica Alvarez as “Named Insured,” and Felix Hernandez and Carla Garcia as “Additional Drivers on Policy.”

III. CONCLUSION

In light of the foregoing, the motion for summary adjudication is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.



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