This case was last updated from Los Angeles County Superior Courts on 06/26/2019 at 03:34:00 (UTC).

SUMIKO HERRERA VS. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA

Case Summary

On 03/26/2018 a Contract - Insurance case was filed by SUMIKO HERRERA against AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA in the jurisdiction of Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7026

  • Filing Date:

    03/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

MARGARET MILLER BERNAL

 

Party Details

Plaintiffs

HERRERA SUMIKO

HERRERA ANTHONY

Defendants

AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA A

INFINITY INSURANCE COMPANY

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE

LOS ANGELES COUNTY SHERIFFS DEPARTMENT A

 

Court Documents

Unknown

3/26/2018: Unknown

Civil Case Cover Sheet

3/26/2018: Civil Case Cover Sheet

Proof of Personal Service

11/19/2018: Proof of Personal Service

Demurrer

12/5/2018: Demurrer

Notice of Intent to Appear by Telephone

1/4/2019: Notice of Intent to Appear by Telephone

Order

1/29/2019: Order

Notice of Ruling

1/31/2019: Notice of Ruling

Notice

2/26/2019: Notice

Minute Order

3/7/2019: Minute Order

Demurrer

3/14/2019: Demurrer

Minute Order

4/24/2019: Minute Order

Notice of Intent to Appear by Telephone

5/10/2019: Notice of Intent to Appear by Telephone

Request for Refund / Order

5/13/2019: Request for Refund / Order

Request for Dismissal

5/22/2019: Request for Dismissal

Request for Dismissal

5/22/2019: Request for Dismissal

Notice

5/23/2019: Notice

Minute Order

5/30/2019: Minute Order

Notice

6/24/2019: Notice

46 More Documents Available

 

Docket Entries

  • 06/25/2019
  • Notice (Counter-Notice of Continued Trial Setting Conference and OSC Re Service); Filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE (Defendant)

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  • 06/24/2019
  • Notice (f Continuance of OSC re Trial Setting Conference); Filed by ANTHONY HERRERA (Plaintiff); SUMIKO HERRERA (Plaintiff)

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  • 06/14/2019
  • Notice of Intent to Appear by Telephone; Filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE (Defendant)

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  • 05/30/2019
  • at 1:30 PM in Department C; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by Court

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  • 05/30/2019
  • Minute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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  • 05/23/2019
  • Notice (of Continuance of Hearing on Demurrer to First Amended Complaint to May 21, 2019); Filed by LOS ANGELES COUNTY SHERIFFS DEPARTMENT, a (Defendant)

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  • 05/22/2019
  • Request for Dismissal (Without Prejudice as to Automobile Club of Southern California, from 1st Amended Complaint, ONLY); Filed by ANTHONY HERRERA (Plaintiff); SUMIKO HERRERA (Plaintiff)

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  • 05/22/2019
  • Request for Dismissal (Without Prejudice as to Los Angeles County Sheriff's Department from 1st Amended Complaint ONLY); Filed by ANTHONY HERRERA (Plaintiff); SUMIKO HERRERA (Plaintiff)

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  • 05/21/2019
  • at 1:30 PM in Department C; Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion

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  • 05/21/2019
  • Minute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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53 More Docket Entries
  • 11/21/2018
  • Minute Order ((Order to Show Cause Re: Dismissal for Plaintiff's failure to ...)); Filed by Clerk

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  • 11/19/2018
  • Proof of Personal Service; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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  • 11/19/2018
  • Proof of Personal Service; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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  • 11/19/2018
  • Proof of Personal Service; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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  • 10/01/2018
  • at 1:30 PM in Department F; Case Management Conference (Conference-Case Management; Matter Placed Off Calendar) -

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  • 10/01/2018
  • Minute order entered: 2018-10-01 00:00:00; Filed by Clerk

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  • 03/26/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 03/26/2018
  • Civil Case Cover Sheet; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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  • 03/26/2018
  • Summons; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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  • 03/26/2018
  • Complaint filed-Summons Issued; Filed by SUMIKO HERRERA (Plaintiff); ANTHONY HERRERA (Plaintiff)

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Tentative Rulings

Case Number: VC067026    Hearing Date: January 28, 2020    Dept: SEC

HERRERA v. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA

CASE NO.:  VC067026

HEARING:  1/28/20

JUDGE: MARGARET M. BERNAL

#8

TENTATIVE ORDER

Defendant Interinsurance Exchange of the Automobile Club’s motion to strike is GRANTED with 10 days leave to amend.

Plaintiff to give NOTICE.

Defendant Interinsurance Exchange of the Automobile Club moves to strike Plaintiff’s prayer for punitive damages pursuant to CCP § 436.

The SAC alleges that on 4/8/16, three uniformed Sheriff’s deputies visited Plaintiff and informed her that they believed her son, Plaintiff Anthony Herrera had hit another vehicle and left the scene of the incident. Plaintiff alleges that her car was stolen; that Anthony was not driving the vehicle; and that the stolen car was involved in an accident. Plaintiff made a claim with Defendant Interinsurance Exchange, but Defendant denied the claim. ¶28 alleges that even if a theft did not occur and Anthony was driving the vehicle, Plaintiffs are still entitled to coverage under the Policy. Based on these facts, the SAC asserts causes of action for:

1. Breach of Contract

2. Breach of the Implied Covenant of Good Faith and Fair Dealing

A motion to strike lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP § 436.)

As an initial matter, although the SAC refers to “Exhibit B,” Exhibit B is not attached the SAC that was filed with the court. Exhibit B purportedly outlines Defendant’s reasons for denying the claim. However, these reasons are not matters within the four corners of the complaint.

In opposition, Plaintiff points to ¶¶ 41-42 as facts entitling Plaintiffs to punitive damages. These paragraphs allege that Defendant “unreasonably” refused to compensate Plaintiffs because it required a police report and “spuriously” stating that Plaintiff Anthony failed to provide his cellular phone records.

These allegations, even if taken as true, do not support punitive damages. Mere allegations of insurer "bad faith" cannot support an award punitive damages. (Jordan v. Allstate Ins. Co. (2007) 148 Cal.App.4th 1062, 1080.) Defendant is entitled to deny the claim after an investigation. Plaintiff must allege more – i.e. facts supporting bad faith that rises to the level of despicable conduct.

Further, when punitive damages are sought against a corporate employer, facts must be alleged to show the corporation's advance knowledge, authorization or ratification of the allegedly offending conduct. (CC 3294(b).) The SAC does not allege any corporate ratification of the bad faith action.

Accordingly, the motion to strike is GRANTED with 10 days leave to amend. In its amended filing, Plaintiffs must attach all pertinent exhibits.