This case was last updated from San Mateo County Superior Courts on 08/08/2019 at 07:43:40 (UTC).

HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation vs. ALBERT GALVAO, JR, et al

Case Summary

On 06/04/2018 HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation filed a Contract - Insurance lawsuit against ALBERT GALVAO, JR. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ********2812

  • Filing Date:

    06/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation

Defendants

DOES 1 THROUGH 30, INCLUSIVE

GALVAO, ALBERT, JR

Attorney/Law Firm Details

Plaintiff Attorney

SPERLING, DEAN P

 

Court Documents

Request to Enter Default.

Request to Enter Default

Proof of Service by PERSONAL SERVICE of.

Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT, ADR PACKAGE, CIVIL CASE COVER SHEET Comment SUMMONS, COMPLAINT, ADR PACKAGE, CIVIL CASE COVER SHEET

Civil Case Cover Sheet.

Civil Case Cover Sheet

Summons Issued / Filed.

Summons Issued / Filed

Complaint.

Complaint

 

Docket Entries

  • 07/24/2018
  • View Court Documents
  • Request to Enter Default. Additional Info: Request to Enter Default

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  • 06/19/2018
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  • Proof of Service by PERSONAL SERVICE of. Additional Info: Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT, ADR PACKAGE, CIVIL CASE COVER SHEET Comment SUMMONS, COMPLAINT, ADR PACKAGE, CIVIL CASE COVER SHEET

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  • 06/04/2018
  • Cause Of Action. Additional Info: Action Complaint File Date 06/04/2018

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  • 06/04/2018
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: Civil Case Cover Sheet

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  • 06/04/2018
  • View Court Documents
  • Summons Issued / Filed. Additional Info: Summons Issued / Filed

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  • 06/04/2018
  • View Court Documents
  • Complaint. Additional Info: Complaint

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  • 06/04/2018
  • New Filed Case.

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  • 06/05/2018
  • Financial info for HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation : Case Payment Receipt # 2018-037500-HOJ NATIONWIDE LEGAL, LLC $370.00

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  • 06/04/2018
  • Financial info for HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation : Transaction Assessment $370.00

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  • 06/04/2018
  • Financial: HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation; Total Financial Assessment $370.00; Total Payments and Credits $370.00

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Complaint Information

By 75>

FILED SAN MATEQ COUNTY

Dcan P. Sperling State Bar No. 82936 LAW OFFICE OF DEAN P. SPERLING - I 14 Pacifica, Suite 250 A Irvine, California 97618 (949) 333-6540 By

Attorneys for Plaintiff, Hartford Underwriters Insurance Company

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THI

COUNTY OF SAN MATEQ, SOUTHERN BRANCII COURTHOQUSE

HARTFORD UNDERWRITERS

caseno._18C1L J INSURANCE COMPANY, a Connecticut ; 032 81 corporation, g COMPLAINT FOR MONEY: | ) 1. SUBROGATION; | PlaintifT, ) )y 2. MONEY HAD AND VS, ) RECEIVED )

18— CLJ — 02812 CMP

Complamt

Complaint for Moncy

Complaint for Moncy B. Insured.

B. Insured.

2. Atall relevant times hercin referenced, Melva Hasserd (hereinafter “Insured™) is an individual residing in the County of San Mateo, State of California. Insured has assigned all rights against Defendants., as defined herein, to Plaintiff,

C. Defendants.

3. At all relevant times herein referenced., Defendant, ALBERT GALVAO JR. an individual, is and was an individual, residing in the City of Belmont, County of San Mateo, State of California.

4, The true names and capacities of Defendants DOES | through 30, inclusive, whether individual, corporate, associate, or otherwise, are presently unknown to Plaintiff, which therefor sucs said DOI Defendants by their respective fictitious names. Plaintiffwill seck leave of this court to amend this complaint to reflect the truc names and capacities of’ such DOE Defendants when their respective names and capacities have been ascertained.

Agency

5. Plamtiffalleges. upon information of belief. that each of the Defendants named in this complaint was, at all times referred to in this complaint, the agent, servant. cmployce, representative or officer of the remaining Defendants and, in engaging in the conduct alleged in this complaint, was acting within the scope, course, purposc, and aulhdrily of'such agency. cmployment and/or position, or alternatively, in the apparent scope ol its authority, agency. employment and/or position. and with the dircction, permission, and/or consent of the remaining Defendants.

Joint and Several Liability

6. Plaintiff alleges, upon information and belicf, that cach of the Defendants named in this complaint was. in some manner. responsible for the acts, conduct, and omissions alleged in this complaint, and for the damages each of the remaining Defendants have caused, and is, therefor, jointly and severally liable for the damage that Plaintiff has sustained as alleged herein. | /]

e Complaint for Money

e Complaint for Money Venue

Venue

7. Plaintiff alleges, upon information of belief, that pursuant to Code of Civil Procedure §395(a). venue is properly laid in the County of San Matco, and the within judicial district, in which Defendants, and each of them, became obligated to Plaintiff for the money obtained by said Defendants, Further, Defendants, and each of them, either resided within or maintain their principal place of business within the County of San Mateo within the meaning of California Code of Civil Procedure, §395.5 at the time that the obligations owed by said Defendants 1o Plaintiff were incurred.

FIRST CAUSE OF ACTION

(Against All Defendants for Subrogation)

8. Plaintiffrealleges and incorporates by reference paragraphs | through 7 of this Complaint as if set forth in [ull herein.

9. Atall relevant times herein referenced, Insured is, and was insured against loss and/or damages by Plaintiff under a policy of insurance (“Insurance”), issued by Plaintiff to Insurcd as the named insured.

10. Atall tumes herein mentioned, Defendants, and each of them were the driver and owner of a certain 2007 Audi A3 vehicle, California License number 5YXX332 (the “Audi™).

I Al all times herein mentioned, the Insurcd was the owner and operator of a 2014 Honda CRYV vchicle, California License number 7THWAS27 (the “Honda™).

2. Atall times, San Carlos Avenue, is a street in the City of San Carlos. County of San Mateo, State of California, running in a cast and west dircction.

3. Onorabout May 26, 2016. at or about the hour of 1:32 a.m., Defendants were operating the Audi heading westbound on San Carlos Avenue when they veered from the roadway and collided into the left rear of the Insured’s Honda that was parked along the north curb line. As a result of the collision, the Insurcd’s Honda was pushed forward onto

the sidewalk. it 3

Complaint for Money

Complaint for Money oo ~Jo—

oo ~Jo—

14. Atthetime and place alleged in paragraph 13 above, Defendants. and cach ol them, so negligently, carclessly, recklessly and unlawlully managed, owned, maintained, drove and operated the Audi on San Carlos Avenue, in violation of vehicle code section 23152(a), it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vchicle. the highway. and in no cvent at a speed which endangers the salety of persons or property, so as o proximately cause the damages herein and after described.

15. As a dircct and proximate result of the negligence. carelessness and unlawfulness of Defendants, and each of them, and the resuiting collision, as herein alleged, the Insured’s Honda was damaged, beyond repair.

16. Asaproximateresult of Defendants’ negligence, Insured madea demand upon Plaintiff for payment pursuant to its policy of insurance.

17. In accordance with the terms of the policy. Plaintiff paid Insured the sum of $18.814.26 for Property Damage in full satisfaction of the Insured’s claims. Bascd upon the payment of $18.814.26, Plaintiff reccived an assignment of the Insured’s right lo recovery against any parly responsible for the loss.

18. Onorabout September 8,2017, Plaintil¥, through counscl, notificd Defendants of the payment and of the Plaintiff’s right to subrogation and assignment, and demanded paymeni in the sum of $18.814.26.

19. Despite this demand, Defendants failed and refused and continucd to Iail and refuse to pay this sum, in whole or in part thercof. |

SECOND CAUSE OF ACTION

(Against All Defendants for Money Had and Reccived) 20. PlaintifT realicges and incorporates by reference paragraphs | through 19 of this Complaint as if set forth in full herein, 21. Atall relevant times herein referenced, Insured is. and was insurcd against loss and/or damages by Plainti{f under a policy of insurance (“Insurance”), issued by Plaintiff to Insurcd as the named insured.

Complaint for Moncy