Complaint,Petition: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLLUB, AN INTERINSURANCE EXCHANGE VS MARIA ISABEL HERNANDEZ, ET AL.

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                                20STCV05609
                             Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Kristin Escalante


Electronically FILED by Superior Court of California, County of Los Angeles on 02/11/2020 03:54 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Barel,Deputy Clerk


     1     LAW OFFICES OF RICHARDSON, FAIR & COHEN
           By: James H. Aguirre- State Bar No: 81442
           2601 South Figueroa Street
           Los Angeles, California 90007
           Telephone: 213-741-4598
           Facsimile: 213-741-4190
           Email: aguirre.j ames@aaa-calif. corn
     5     Attorneys for Plaintiff,
           INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
           CLUB, an interinsurance exchange


     8                                       SUPERIOR COURT OF THE STATE OF CALIFORNIA

     9                               COUNTY OF LOS ANGELES - CENTRAL JUDICIAL DISTRICT
  10                                                              UNLIMITED CIVIL ACTION
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           INTERINSURANCE EXCHANGE OF THE                                                        CASE NO.
  12       AUTOMOBILE CLUB, an interinsurance
           exchange,                                                                             COMPLAINT FOR SUBROGATION
  13                                                                                             RECOVERY
                                Plaintiff,                                                       (DEMAND $ 44,230.00)

  15                   vs.

  16       Maria Isabel Hernandez, Mario Hernandez, Cynthia
           Montgomery and DOES I through 10, Inclusive
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                                             Defendants.
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                       COMES NOW plaintiff, INTERINSURANCE EXCHANGE OF THE AUTOMOBILE
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           CLUB, an interinsurance exchange, and for a cause of action against the Defendants, and each of

  23       them, complains and alleges as follows:

  24                   l.         At all times herein mentioned, Plaintiff, INTERINSURANCE EXCHANGE OF THE

           AUTOMOBILE CLUB, an interinsurance exchange, was and is organized and existing under and by
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           virtue of the laws of the State of California and is authorized and qualified to operate and transact,
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           ainong other things, the business of a casualty and liability insurer.
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                                                      COMPLAINT FOR SUBROGATION RECOVERY
 1            2.       The true names and capacities, whether individual, corporate, associate or otherwise of

     Defendants Does      I   through 10, are unknown to Plaintiff who therefore sues said Defendants by said
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     fictitious names. Plaintiff is informed and believes and thereon alleges that each of the Defendants
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     designated herein as a DOE is negligently responsible in some manner for the events and happenings
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     herein referred to, and negligently caused injury and damages proximately thereby to the Plaintiff as
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     herein alleged.
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 8            3. At all times mentioned herein, each    of the Defendants were the agents, servants,

 9   employees of, parents of, joint venturers with, and/or guarantors of the driver's license of all
10   defendants mentioned herein, and each of thein, and were at all times acting within the purpose and
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     scope of such agency, service, employment, joint venture and/or guaranty.
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              4.       At all times mentioned herein, Plaintiff s insured, Jaime Perez, was the owner of a
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     certain motor vehicle, which motor vehicle was insured under a policy of casualty insurance issued
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     by Plaintiff and which policy was in full force and effect, and insuring Plaintiff s insured, among

16   other things, against the risk of loss or damage to said insured motor vehicle.

17            5.   Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned,
18   defendants Mario Hernandez, Cynthia Montgomery and DOES I and 2, and each of them, were the
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     uninsured owners of a certain motor vehicle; that at the time and place of the accident hereinafter
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     alleged, said motor vehicle was being driven and operated by defendants Maria Isabel Hernandez,
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     DOES     3   and 4, and each of them, who were also uninsured and who were operating the same with the

23   consent, permission and knowledge of all other defendant vehicle owners hereinabove mentioned and

24   named.

25            6. The incident complained      of herein occurred within the above-named judicial district and/or
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     one or more of the defendants named herein resided in the above-named judicial district.
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                                     COMPLAINT FOR SUBROGRTZON RECOVERY
 1           7. Plaintiff is informed and believes, and thereon alleges, that on or about 07/12/2017, said

     insured motor vehicle was being lawfully operated or parked along and upon certain public streets
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     and highways in the above-entitled Judicial District; that at said time and place, defendants, and each
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     of them, so negligently entrusted, managed, maintained, repaired, drove and operated their respective
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     motor vehicles so as to cause a collision accident involving said insured motor vehicle, so as to cause
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     injuries to the occupants, as hereinafter alleged.

 8           8. As a direct and proximate result   of said negligent, careless and unlawful conduct of
 9   defendants, said insureds sustained personal injuries; that pursuant to the provisions of said insurance

     policy, Plaintiff became obligated to and did pay to said insureds the net sum of $ 23,500.00; that said
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     payment was made within three years prior to the filing of this action; that under Sections 11580.2, et
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     seq., of the California Insurance Code, Plaintiff thereby became subrogated to all of the rights of said
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     insureds for said uninsured motorist benefits so paid.
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15          9. As a direct and proximate result    of said collision, and the negligence of defendants, and

16   each of them, Plaintiff s insured's motor vehicle was damaged and depreciated in a sum no less than

17   $ 20,730.00.

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             10. Prior to the commencement     of this action, Plaintiff made payment to or on behalf of its
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     insured in the sum of $ 44,230.00 and, in accordance with the terms and conditions of the policy
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     issued to Plaintiff s insured, has become subrogated to all of the rights and is entitled to enforce all of
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     the remedies of its insured against defendants, and each of them, to the extent of such payment.
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                                 COMPLAINT FOR SUBROGATION RECOVERY
 1           11.   Plaintiff's insured has assigned or will assign their rights to any deductible, or other out of

     pocket expense, if any, prior to the trial in this matter.

             WHEREFORE, Plaintiff prays judgment against the defendants, and each of them as follows:
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     1.      For damages in the sum of $ 44,230.00, as and for uninsured motorist and collision benefits
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     paid by Plaintiff;
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     2.      For the costs of suit incurred herein;

 8   3.      Interest from the date of the loss, per Civil Code 3287 and per Civil Code 3291; and

 9   4.      For such other and further relief as the Court deems just and proper.


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     DATED: February       ~,    2020                 RICHARDSON, FAIR & COHEN


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                                                      James%. Aguirre
16                                                    Attorney for Plaintiff

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                                   COMPLAINT FOR SUBROGATION RECOVERY
                        LA-UNLIMITED-SPRING STREET COURTHOUSE

     CASE NAME:        EXCHANGE     vs.    HERNANDEZ
     CASE NUMBER:
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     Please check ONE of the following statements to indicate the basis
 4   for your filing of the complaint in this Judicial District and fill
     in the address.
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       XX              Cause of Action arose in this judicial
                       Address of the cause of action is:
                                                                      district.
                       Pacific Coast Hwv & Ximeno Ave, Lona Beach 90815
                       Street              City           Zip Code
                       Property located in this judicial district.   The
                       address of the property is:
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                       Street                    City             Zl.p Code
                       Tort occurred in this judicial         district.   The address
12                     of the tort is:
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                       Street(if           City
                                        known)             Zip Code
                       Contract entered into or to be performed in this
15                     judicial district. The address where contract
                       entered into or to be performed is:
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17                     Street                    City             Zip Code
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                       Defendant resides in this        judicial district.    The
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                       Street                    City             Zlp code
     Dated: February   ll    ,   2020
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                                                 James II. Aguirre
24                                               Attorney for Plaintiff
25                                               INTFRINSURANCE EXCHANGE OF THE
                                                 AUTOMOBILE CLUB, an interinsurance
26                                               exchange

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                            COMPLAINT FOR StrBROGATION RECOVERY