Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Integon Preferred Insurance Co. v. Camacho

United States District Court, E.D. California

April 2, 2018

INTEGON PREFERRED INSURANCE COMPANY, Plaintiff,
v.
ISABELLA ALVAREZ CAMACHO, et al., Defendants.

          ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT AND VACATING APRIL 4, 2018 HEARING (ECF No. 92)

         On March 1, 2018, Plaintiff Integon Preferred Insurance Company's (“Plaintiff”) filed a motion for leave to file a third amended complaint. (ECF No. 92.) The matter was referred to the undersigned for issuance of findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF No. 93.) A hearing on the motion was set for April 4, 2018. (ECF No. 93.)

         Pursuant to the Local Rule, Defendants' opposition to the motion for leave to file a third amended complaint was due March 21, 2018. L.R. 230(c). Defendants did not file a timely opposition to the motion.[1] The Local Rule provides that a party who fails to file a timely opposition is not entitled to be heard in opposition to the motion at oral argument. L.R. 230(c). Accordingly, the hearing set for April 4, 2018, will be vacated and the parties will not be required to appear at that time.

         Having considered the moving papers and declaration attached thereto, as well as the Court's file, the Court issues the following order.

         I. BACKGROUND

         Plaintiff issued a business insurance policy (“the policy”) to Isabella Alvarez Camacho (“Camacho”), who is the owner of X-Treme Ag Labor, Inc. (“X-Treme Ag”), which was effective from April 3, 2014, to April 3, 2015. (Sec. Am. Compl. ¶¶ 4, 5, 32.) The policy covered a 2002 Ford Escape. (Id. ¶ 32.) The policy was renewed for a term between April 3, 2015, and April 3, 2016. (Id.) Plaintiff contends that Camacho did not advise it that transportation services would be provided in the course of Camacho's operation of X-Treme Ag. (Id. ¶ 36.)

         On June 20, 2015, Enrique Franco (“Franco”) was driving a van that was owned by Cesar Neri (“Neri”) which overturned. (Id. ¶ 37.) At the time of the accident, there were seven other passengers in the van who worked for Camacho and were returning home to Merced from Gilroy at the end of the workday. (Id. ¶¶ 37, 38.) As a result of the accident, there have been six personal injury and wrongful death actions filed against X-Treme Ag, Franco, and Neri. (Id. ¶ 39.) Plaintiff is providing a defense to X-Treme Ag in the underlying action pursuant to a reservation of rights. (Id. ¶ 40.)

         This instant action was filed on October 5, 2016. (ECF No. 1.) Plaintiff filed a first amended complaint on November 21, 2016. (ECF No. 10.) On March 10, 2017, pursuant to a stipulation between Plaintiff and Defendants Camacho and X-Treme Ag, the Court granted Plaintiff leave to file a second amended complaint. (ECF No. 36.) On March 13, 2017, Plaintiff filed a second amended complaint. (ECF No. 37.) Plaintiff's second amended complaint named as defendants Camacho; Xtreme Ag; Franco; Neri; Selene Cati Silva; Amairani Cati Silva; Victor Cati; The Estate Of Maria Candelaria Silva-Perez, by and through its successor-in-interest Victor Cati; Antonia Navarro-Sandoval; Robert D. Dalton; James Keifas Miranda Bautista; Jessica Hilda Bautista Vasquez; Estevan Dalton Bautista; Jasmine Roxanne Dalton, a minor by and through her guardian ad litem Robert D. Dalton; The Estate Of Christina Bautista Dalton, by and through its successor-in-interest Robert D. Dalton; Jessica Bolanos; Joshua Palacios; Veronica Elizabeth Acevedo Cisneros; Ana Cristina Acevedo Cisneros; Jose Refugio Acevedo Cisneros; Anna Erica Acevedo Cisneros; Angelica Maria Acevedo Cisneros; Yessica Acevedo Cisneros; Fidelina Acevedo Cisneros; and Yasmin Zuniga. (Sec. Am. Compl. ¶¶ 4-28.) At this time, default has been entered against all of the defendants except for Camacho and X-Treme Ag, who are defending this action. (ECF Nos. 54-59, 61-67, 76-84.)

         Plaintiff alleges that it may have a valid basis on which to rescind the policy based upon the information provided by Camacho. (Sec. Am. Compl. ¶¶ 42-47.) This action has been brought against the plaintiffs in the underlying actions, and those that may be a possible insured or beneficiary under the policy. (Id. ¶¶ 4-28, 37-39.) Plaintiff is seeking to have the policy rescinded, a declaration that Plaintiff has no duty to defend or to pay any settlement or judgments in the underlying actions, and that if the policy is rescinded, Plaintiff has the right to recover from Camacho, X-Treme Ag, and Franco the amounts incurred defending and any amounts paid to indemnify them in the underlying actions. (Id. ¶¶ 42-59.)

         On June 16, 2017, the pretrial scheduling order issued in this action. (ECF No. 52.)

         On August 14, 2017, Camacho and X-Treme Ag filed for bankruptcy. On August 21, 2017, counsel for Camacho and X-Treme Ag filed a notice of automatic stay due to the bankruptcy filings. (ECF No. 85.) On September 15, 2017, the Court entered an order staying the case as to Defendants Camacho and X-Treme Ag. (ECF No. 86.)

         By a letter dated October 6, 2017, Valley Garlic, Inc. (“Valley Garlic”) tendered its defense to Plaintiff for the first time in connection with the underlying lawsuits. (March 1, 2018 Decl. of Jeffrey Dollinger (“Dollinger Decl.”) ¶ 8, ECF No. 92-1 at 1-3.) On December 1, 2017, Plaintiff accepted Valley Garlic's defense pursuant to a reservation of rights. (Id.)

         On February 23, 2018, the stay in this action was lifted. (ECF No. 90.) On March 1, 2018, Plaintiff filed a motion for leave to file a third amended complaint. (ECF No. 92.)

         Defendants have not filed an opposition.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.