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Empire Fire and Marine Insurance Co. v. Anthony Ballina

December 19, 2011

EMPIRE FIRE AND MARINE INSURANCE CO.
v.
ANTHONY BALLINA, ET AL.



The opinion of the court was delivered by: The Honorable Philip S. Gutierrez, United States District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez Not Present n/a

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings: (In Chambers) Order DISMISSING Case Without Prejudice

Before the Court is Plaintiff's response to the Court's November 8, 2011 Order to Show Cause re Dismissal of Declaratory Relief Action. Dkt. #6. After considering Plaintiff's response, the Court DISMISSES this case without prejudice.

Background

Plaintiff Empire Fire and Marine Insurance Company ("Plaintiff") issued an insurance policy (the "Policy") with Enterprise Rent a Car Company of Los Angeles ("Enterprise") as the named insured. Compl. ¶ 11. In August 2008, Hilda Ballina rented a car from Enterprise and opted for supplemental liability protection, thus becoming the Rentee under the Policy. Id. ¶ 13. Ms. Ballina listed Defendant Anthony Ballina as an additional authorized driver on the rental agreement. Id. The agreement was executed in Reseda, California. Id. ¶ 15. The rental agreement stated "Operation in any other state or country will affect your liability and rights under this agreement." Id. ¶ 13 (emphasis removed).

The day after the car was rented, Defendant Ballina was driving the car in Clark County, Nevada when he lost control of the vehicle and struck a barrier. Id. ¶ 21. Defendant Billy Gilman and Omar Rodriguez were passengers in the car when the accident occurred. Id. ¶ 22. Plaintiff alleges that Defendant Ballina was in breach of the rental agreement at the time of the accident for driving under the influence of alcohol and for operating the rental car outside of California. Id. ¶¶ 23-24.

Defendant Gilman has filed suit against Defendant Ballina in Nevada state court for bodily injuries Defendant Gilman suffered in the crash. Id. ΒΆ 28. Defendant Gilman charges Defendant Ballina was driving negligently at the time of the accident. Id. Defendant Ballina tendered the underlying ...


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