Judge: Peter A. Hernandez, Case: 20PSCV00362, Date: 2022-08-09 Tentative Ruling

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Case Number: 20PSCV00362    Hearing Date: August 9, 2022    Dept: O

Background   

Case No. BC690752[1]

On January 18, 2018, Plaintiffs Roberta Gomez, Martin Murillo and Estate of Moises Murillo (collectively, “Gomez/Murillo”) allege as follows: Moises Murillo (“Moises”) was a student with special needs at Sunset Elementary School (“School”), located within the Hacienda La Puente Unified School District (“District”); Cynthia Parulan-Colfer (“Parulan-Colfer”) is the superintendent of District. On May 31, 2017, while in the classroom during school hours, Moises suffered extensive injuries to his neck and went into cardiac arrest. Moises was transported to the hospital, where he died on June 4, 2017.

On March 20, 2018, Gomez/Murillo filed a complaint, asserting causes of action against District, School, Parulan-Colfer and Does 1-20 for:

1.                  Negligence

2.                  Wrongful Death

On April 5, 2018, Gomez/Murillo dismissed School and Parulan-Colfer, without prejudice. On September 13, 2019, Gomez/Murillo filed two “Amendment[s] to Complaint,” wherein Elke Tapia (“Tapia”) was named in lieu of Doe 1 and Gallagher Pediatric Therapy (“Gallagher”) was named in lieu of Doe 2.

On June 23, 2020, Gomez/Murillo dismissed Tapia, with prejudice.

On February 23, 2021, Gallagher filed a First Amended Cross-Complaint (“FACC”), asserting causes of action against District, School, Parulan-Colfer and Roes 1-50 for:

1.                  Indemnification

2.                  Contribution

3.                  Declaratory Relief

4.                  Breach of Contract/Express Indemnity

On February 24, 2021, District filed a cross-complaint, asserting causes of action against Gallagher and Roes 1-20 for:

1.                  Implied Equitable Indemnity

2.                  Apportionment of Fault

3.                  Contractual Indemnity

4.                  Declaratory Relief

On March 11, 2021, the court granted Gallagher’s Motion for Summary Judgment. On March 17, 2021, an “Order Granting Defendant Gallagher Pediatric Therapy’s Motion for Summary Judgment” was filed. On April 6, 2021, Gomez/Murillo dismissed Gallagher and Tapia with prejudice.

On April 5, 2022, the court granted Gallagher’s Motion for Judgment on the Pleadings as to District’s cross-complaint. On May 2, 2022, “Judgment in Favor of Defendant/Cross-Defendant Gallagher Pediatric Therapy, Inc.” was filed.

On June 9, 2022, the court dismissed School, Parulan-Colfer and District without prejudice from Gallagher’s FACC.

On June 30, 2022, District filed a “Notice of Appeal” of the May 2, 2022 judgment, the April 5, 2022 order granting Gallagher’s Motion for Judgment on the Pleadings and the March 11, 2021 order granting Gallagher’s Motion for Summary Judgment.

On August 2, 2022, the court dismissed School, Parulan-Colfer and District with prejudice from Gomez/Murillo’s complaint, per an oral request by counsel for Gomez/Murillo.

Case No. 20PSCV00362

Plaintiff Truck Insurance Exchange (“Truck”) alleges as follows: Truck seeks a judicial determination that it has no duty to defend or indemnify Gallagher, Tapia or District in the wrongful death lawsuit styled Gomez, et al. v. Hacienda La Puente Unified School District, et al., Case No. BC690752 (“Underlying Action”), as well as a judicial determination that it has no obligation to furnish any coverage with regard to the Underlying Action because the general liability policy at issue excludes bodily injuries due to the rendering or failure to render any professional service.

On June 3, 2020, Truck filed a complaint, asserting causes of action against Gallagher, Tapia, District, Gomez/Murillo and Does 1-10 for:

1.                  Declaratory Relief—No Duty to Defend

2.                  Declaratory Relief—No Duty to Indemnify

On July 23, 2020, Gallagher filed a cross-complaint, asserting causes of action against Truck and Roes 1-10 for:

1.                  Declaratory Relief

2.                  Breach of Contract

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

On August 24, 2020, Truck dismissed Tapia without prejudice.

On August 31, 2020, a “Joint Stipulation [and Order] Substituting Truck Insurance Exchange in Place of Farmers Insurance Exchange as Plaintiff” was filed.

On October 19, 2020, this case was reassigned to the instant department.

On January 19, 2021, the court stayed the case in its entirety.

On April 22, 2021, Gallagher dismissed its cross-complaint, with prejudice. On April 29, 2021, Truck dismissed Gallagher, with prejudice.

On April 29, 2022, the court granted Truck’s Motion to Lift Stay.

A Trial Setting Conference is set for August 9, 2022.

Discussion

Truck moves the court for an order granting summary judgment in its favor and against District and Gomez/Murillo declaring that Truck has no duty to defend or indemnify District in the Underlying Action.

The court will continue the hearing on the above motion to October 3, 2022 at 10:00 a.m. The court is inclined to reconsider sua sponte its April 29, 2022 order granting Truck’s Motion to Lift Stay in light of District’s “Notice of Appeal” of the May 2, 2022 judgment, the April 5, 2022 order granting Gallagher’s Motion for Judgment on the Pleadings and the March 11, 2021 order granting Gallagher’s Motion for Summary Judgment filed June 30, 2022 in the Underlying Action.

The parties are instructed to provide briefing in this regard, which is due no later than September 16, 2022. A hearing on same is scheduled for October 3, 2022 at 10:00 a.m.