This case was last updated from San Mateo County Superior Courts on 04/25/2022 at 18:50:53 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs. SIALE AVAUI MAIKA VAKA, et al

Case Summary

On 06/13/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against SIALE AVAUI MAIKA VAKA. This case was filed in San Mateo County Superior Courts, Southern Branch Hall of Justice and Records located in San Mateo, California. The Judges overseeing this case are Grandsaert, John L., Fineman, Nancy L., Karesh, Jonathan E., Grandsaert, John L, Fineman, Nancy L, Karesh, Jonathan E and MIRAM. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ********3034

  • Filing Date:

    06/13/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • County, State:

    San Mateo, California

Judge Details

Judges

Grandsaert, John L.

Fineman, Nancy L.

Karesh, Jonathan E.

Grandsaert, John L

Fineman, Nancy L

Karesh, Jonathan E

MIRAM

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

VAKA, SIALE AVAUI MAIKA

DOES 1-40, INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorneys

MAHFOUZ, RICHARD L, II

MAHFOUZ, RICHARD L., II

Defendant Attorney

CARLSON, AMY

 

Court Documents

Notice of Mandatory Settlement Conference and Jury Trial.

Notice of Mandatory Settlement Conference and Jury Trial

Case Management Statement.

Case Management Statement

Answer (Unlimited).

Answer (Unlimited) Answer Comment Answer

Case Management Statement.

Case Management Statement

Order.

Order Type: REGARDING SETTLEMENT Signed by: JUDGE MIRAM Date Signed: 11/06/18 Comment Type: REGARDING SETTLEMENT Signed by: JUDGE MIRAM Date Signed: 11/06/18

Stipulation and Proposed Order received & forwarded to Dept.

Stipulation and Proposed Order received & forwarded to Dept 28 - FOR SETTLEMENT AND ORDER Comment 28 - FOR SETTLEMENT AND ORDER

Case Management Conference.

Case Management Conference 10/12/2018 *CIV Minute Order Judicial Officer Grandsaert John L. Hearing Time 9:00 AM Result Held

Stipulation.

Stipulation FOR SETTLEMENT Comment FOR SETTLEMENT

Proof of Service by PERSONAL SERVICE of.

Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT FOR SUBROGATION RECOVERY, CIVIL CASE COVE Comment SUMMONS, COMPLAINT FOR SUBROGATION RECOVERY, CIVIL CASE COVER SHEET, DEPOSIT OF ADVANCED JURY FEES, NOTICE OF CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT STATEMENT, CIVIL TRIAL COURT MANAGEMENT RULES, ADR INFORMATION SHEET

Request For Dismissal.

Request For Dismissal With Prejudice - ENTIRE ACTION Comment With Prejudice - ENTIRE ACTION

Order.

Order Type: REGARDING SETTLEMENTSigned by: JUDGE MIRAMDate Signed: 11/06/18 Comment Type: REGARDING SETTLEMENT Signed by: JUDGE MIRAM Date Signed: 11/06/18

Stipulation.

Stipulation FOR SETTLEMENT Comment FOR SETTLEMENT

Stipulation and Proposed Order received & forwarded to Dept.

Stipulation and Proposed Order received & forwarded to Dept 28 - FOR SETTLEMENT AND ORDER Comment 28 - FOR SETTLEMENT AND ORDER

ADR Referral.

ADR Referral ADR Referral ADR Referral Comment Order to ADR within 21 days

ADR Referral.

ADR Referral ADR Referral ADR Referral Comment Order to ADR within 21 days

ADR Referral.

ADR Referral ADR Referral ADR Referral Comment Order to ADR within 21 days

Notice of Mandatory Settlement Conference and Jury Trial.

Notice of Mandatory Settlement Conference and Jury Trial

Case Management Conference.

~CIV Minute Order - Case Management Conference 10/12/2018 Judicial Officer Grandsaert John L. Hearing Time 9:00 AM Result Held

18 More Documents Available

 

Docket Entries

  • 11/13/2019
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - With Prejudice; Party; Names; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; VAKA, SIALE AVAUI MAIKA; DOES 1-40, INCLUSIVE; Comment: ENTIRE ACTION

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  • 11/13/2019
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  • DocketRequest For Dismissal.; Additional Info: Request For Dismissal With Prejudice - ENTIRE ACTION Comment With Prejudice - ENTIRE ACTION

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  • 07/15/2019
  • DocketJury Trial.; Additional Info: Judicial Officer Karesh Jonathan E. Hearing Time 9:00 AM Cancel Reason Request for Dismissal Comment JURY TRIAL TIME ESTIMATE 5 DAYS

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  • 07/01/2019
  • DocketMandatory Settlement Conference.; Additional Info: Judicial Officer Fineman Nancy L. Hearing Time 1:30 PM Cancel Reason Request for Dismissal

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  • 11/07/2018
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  • DocketOrder.; Additional Info: Order Type: REGARDING SETTLEMENTSigned by: JUDGE MIRAMDate Signed: 11/06/18 Comment Type: REGARDING SETTLEMENT Signed by: JUDGE MIRAM Date Signed: 11/06/18

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  • 11/05/2018
  • FinancialFinancial info for STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Case Payment Receipt # 2018-072038-HOJ oakland service of process $20.00

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  • 11/05/2018
  • FinancialFinancial info for STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Transaction Assessment $20.00

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  • 11/05/2018
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  • DocketStipulation.; Additional Info: Stipulation FOR SETTLEMENT Comment FOR SETTLEMENT

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  • 11/02/2018
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  • DocketStipulation and Proposed Order received & forwarded to Dept.; Additional Info: Stipulation and Proposed Order received & forwarded to Dept 28 - FOR SETTLEMENT AND ORDER Comment 28 - FOR SETTLEMENT AND ORDER

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  • 10/12/2018
  • DocketMaster Calendar to set MSC date accordingly and send notice.

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11 More Docket Entries
  • 06/22/2018
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  • DocketProof of Service by PERSONAL SERVICE of.; Additional Info: Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT FOR SUBROGATION RECOVERY, CIVIL CASE COVE Comment SUMMONS, COMPLAINT FOR SUBROGATION RECOVERY, CIVIL CASE COVER SHEET, DEPOSIT OF ADVANCED JURY FEES, NOTICE OF CASE MANAGEMENT CONFERENCE, CASE MANAGEMENT STATEMENT, CIVIL TRIAL COURT MANAGEMENT RULES, ADR INFORMATION SHEET

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  • 06/13/2018
  • FinancialFinancial info for STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Case Payment Receipt # 2018-040240-HOJ OAKLAND SERVICE OF PROCESS, INC. $435.00

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  • 06/13/2018
  • FinancialFinancial info for STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Transaction Assessment $435.00

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  • 06/13/2018
  • FinancialFinancial; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; Total Financial Assessment $455.00; Total Payments and Credits $455.00

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  • 06/13/2018
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 06/13/2018

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  • 06/13/2018
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  • DocketNotice of Case Management Conference.; Additional Info: Notice of Case Management Conference

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  • 06/13/2018
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  • DocketSummons Issued / Filed.; Additional Info: Summons Issued / Filed

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  • 06/13/2018
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  • DocketCivil Case Cover Sheet.; Additional Info: Civil Case Cover Sheet

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  • 06/13/2018
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  • DocketComplaint.; Additional Info: Complaint

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  • 06/13/2018
  • DocketNew Filed Case.

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Complaint Information

Richard L. Mahfouz II (State Bar No. 246739) F E L E D

Alexandra Zindel (State Bar No. 317642) SAN MATEO COUNTY CLERKIN, SINCLAIR & MAHFOUZ, LLP |

530 B Street, 8" Floor JUN 1 3 2018 San Diego, CA 92101

Tel.: 619-308-6550 Clerk of the G - j&i

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO UNLIMITED JURISDICTION

STATE FARM MUTUAL AUTOMOBILE CASE NO.: 18C |INSURANCE COMPANY,

COMPLAINT FOR SUBROGATION

Plaintiff, RECOVERY

18— GIV - 03034 CMP

SIALE AVAUI MAIKA VAKA, and DOES 1-

] . Compiaint 40, inclusive,

GENERAL ALLEGATIONS

A. Plaintiff. 1. Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (hereinafter referred to as “Plaintiff”) is, and was, an Illinois corporation, authorized to transact

business in the State of California. Plaintiff is, and was, authorized to transact business in the

State of California as an insurer.

| ORIGINAL

Plaintiff’s Original Complaint

Plaintiff’s Original Complaint B. Insured.

B. Insured.

2. At all relevant times herein referenced, SOFILINA WILHITE (hereinafter referred to as “Insured”) was an individual, residing in the County of San Mateo, State of California.

C. Named Defendants.

3. Plaintiff is informed and believes upon such information and belief alleges that at all relevant times herein referenced, Defendant SIALE AVAUI MAIKA VAKA is and was an individual residing in the County of San Mateo, State of California.

D. Doe Defendants.

4. The true names and capacities of the Defendants named herein as DOES 1-40, inclusive, whether individuai, corporate, associate or otherwise, are unknown to Plaintiff who thereafter sues such Defendants by fictitious names pursuant to California Code of Civil Procedure section 474. Plaintiff is informed and believes that such DOE Defendants are California residents. Plaintiff will amend this Complaint to show such true names and capacities when they have been determined. Each Defendant was an agent of the other Defendants and ratified the conduct of the other Defendants and the other employees of the other Defendants.

5. At all time herein relevant, each of the Defendants was the agent, employee and/or servant of each of the remaining Defendants, and in doing the things complained of herein acted within the course and scope of such agency, employment and/or service.

6. Whenever in this Complaint reference is made to "Defendants, and each of them," such allegation shall be deemed to mean the acts of Defendants acting individually, jointly and/or severally.

7. Plaintiff alleges and incorporates by reference paragraphs 1 through 6 of this Complaint as if set forth in full herein.

8. At all relevant times herein referenced, Insured is, and was insured against loss and/or damages by Plaintiff under a policy of insurance issued by Plaintiff to Insured as the named insured. /1.

Plaintiff’s Original Complaint Our file no.: 05-0919-R58

Plaintiff’s Original Complaint Our file no.: 05-0919-R58 9. Said Insured complied with all terms and conditions of said policy and by agreement with Plaintiff filed proof of loss specifying the loss caused by said incident to be in the sums as set out below, and said sums were paid by Plaintiff to or for the benefit of Insured at the request of Insured.

9. Said Insured complied with all terms and conditions of said policy and by agreement with Plaintiff filed proof of loss specifying the loss caused by said incident to be in the sums as set out below, and said sums were paid by Plaintiff to or for the benefit of Insured at the request of Insured.

10. On or about 7/27/2017, at and about Hwy 101 northbound, in the City of Redwood City, County of San Mateo, State of California, Defendant SIALE AVAUI MAIKA VAKA and DOES 1-40, and any one of them, were operating a vehicle owned by Defendant and/or DOES 1-40 in said County and State.

11. On or about 7/27/2017, Insured and/or driver with permission was op‘erating Insured’s vehicle in said County and State at the above referenced location.

12. At said time and place said Defendants, and each of them, failed to exercise due care, and so negligently operated, maintained and controlled, among other things, their said vehicle causing it to collide with Insured’s vehicle causing property damage.

13. As a direct and proximate result of the negligence of said Defendants, and each of them, and the damages caused by said Defendants, immediately after the collision, and after receiving proof of loss, Plaintiff under its policy, paid to or on behalf of its insured SOFILINA WILHITE and the driver and/or passengers in the vehicle the sum of $29,182.42 and became subrogated to that amount.

14. Therefore, Plaintiff is entitled to its right of subrogation to recover said sums plus interest.

15. Despite demand from Plaintiff, Defendants, and each of them, failed and refused and continue to fail and refuse to pay this sum, in whole or in part thereof.

/JJ. /1. /1.

2 I DL P T

BY: Richard L. Mahfouz II, Alexandra Zindel, Attorneys for Plaintiff State Farm Mutual Automobile Insurance Company

Plaintiff’s Original Complaint Our file no.: 05-0919-R58

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