Judge: Michael E. Whitaker, Case: 20STCV16788, Date: 2023-03-28 Tentative Ruling

Case Number: 20STCV16788    Hearing Date: March 28, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            On May 1, 2020, Plaintiffs Oscar Algeria, Andy Lopez, and Jessica Lezama (“Plaintiffs”) filed this action against Defendants Doe Driver, Thrifty Car Rental, Hertz Corporation, State Farm and Casualty Company (“State Farm”), and Does 1 through 50 for damages arising from a vehicular collision. Plaintiffs allege that on May 4, 2018, Defendant Doe Driver collided with a vehicle being operated by Joseph Amaya, and in which Plaintiffs were passengers. Doe Driver fled the scene after the accident.

            Plaintiffs allege (1) negligence against Doe Driver, and (2) declaratory relief against Defendants Thrifty Car Rental, Hertz Corporation, and State Farm.

            On October 11, 2022, this Court dismissed the Complaint with prejudice as to Defendants Hertz Corporation and Thrifty Car Rental after the Court sustained their demurrer to the second cause of action without leave to amend.

            State Farm now files this motion for judgment on the pleadings. No opposition has been filed.

ANALYSIS

            A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).)  “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1013.)  In ruling on a motion for judgment on the pleadings, “[a]ll allegations in the complaint and matters upon which judicial notice may be taken are assumed to be true.” (Rippon v. Bowen (2008) 160 Cal.App.4th 1308, 1313.)   

            State Farm moves for judgment on the pleadings on the grounds that the second cause of action fails to state sufficient facts for declaratory relief. Specifically, State Farm asserts that Plaintiffs have not cited an applicable statute or alleged specific facts to show that State Farm is obligated to cover Plaintiffs’ uninsured motorist claim.

            “To qualify for declaratory relief, [a party] would have to demonstrate its action presented two essential elements: ‘(1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [the party’s] rights or obligations.’” (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909 (quoting Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4th 1559, 1582).) 

            The complaint alleges that State Farm was the insurance carrier of Joseph Amaya, a nonparty, who was the driver of the vehicle in which Plaintiffs were passengers. (Complaint ¶¶ 8, 16.) Plaintiffs state that they made a demand on State Farm under Insurance Code section 11580.2 to compensate them under the uninsured motorist provision of Joseph Amaya’s policy, but State Farm denied coverage. (Complaint ¶¶ 18-19.) Plaintiffs seek a declaration that State Farm has a duty to cover the uninsured motorist claims of Plaintiffs.

            Here, Plaintiffs do not plead facts which establish a relationship between themselves and Defendant which gives rise to rights or duties for which a declaration from the court is warranted. Plaintiffs cite to Insurance Code section 11580.2 which requires an insurer to provide uninsured coverage for each insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. (Insurance Code § 11580.2.) Plaintiffs plead that State Farm issued an insurance policy to the driver of the vehicle in which Plaintiffs were passengers. (Complaint ¶ 16.) Plaintiffs plead that the vehicle operated by Joseph Amaya was a rental vehicle owned by Defendants Thrifty Car Rental and Hertz Corporation. (Complaint ¶ 15.)  However, Plaintiffs plead no facts to show that uninsured provision of State Farm’s policy with Joseph Amaya applies to the rental vehicle or Plaintiffs in this instance.

            Moreover, the Court notes that declaratory relief is an equitable remedy, not a cause of action. (Faunce v. Cate (2013) 222 Cal.App.4th 166, 173.)

            Plaintiffs have the burden of showing in what manner the complaint could be amended and how the amendment would change the legal effect of the complaint, i.e., state a cause of action. (See The Inland Oversight Committee v City of San Bernardino (2018) 27 Cal.App.5th 771, 779; PGA West Residential Assn., Inc. v Hulven Int'l, Inc. (2017) 14 Cal.App.5th 156, 189.) Here, Plaintiffs have failed to meet their burden by not opposing this motion.

CONCLUSION AND ORDER

            Accordingly, State Farm’s unopposed motion for judgment on the pleadings is granted without leave to amend. State Farm shall provide notice of the Court’s ruling and file a proof of service of such.