Re: David Lawrence Chermak, etc. v. William Joseph Baer, et al. (KC068634)

MOTION TO STRIKE ANSWER, ENTER DEFAULT AND DEFAULT JUDGMENT

Moving Party: Plaintiffs David Lawrence Chermak

Respondent: Defendant William Joseph Baer

POS: Moving OK; Opposing OK; Reply OK

Plaintiff was involved in an 8/28/13 motor vehicle accident allegedly caused by Defendant William Joseph Baer (“Baer”). Plaintiff claims that the damage to 2002 Porsche 911 Turbo Two Door Coupe (“subject vehicle”) was such that it should have been declared a total loss; instead, his insurer paid only for the repair of the subject vehicle. The complaint, filed on 8/8/16, asserts causes of action for:

1. Negligence—Vehicle Accident
2. Breach of Contract
3. Violation of Business and Professions Code § 17200 and for Injunctive Relief

On 9/29/16, Baer filed his cross-complaint, asserting causes of action against Defendant/Cross-Defendant Farmers Insurance Exchange and ROES 1-50 for:

1. Implied Indemnity and Total Indemnity