Zack Miller v. Vanguard Car Rental USA, Inc. et al
| Zack Miller |
| Alamo Rent-A-Car, LLC, Alamo Rental (US), Inc., DOES, Vanguard Car Rental USA Holdings, Inc. and Vanguard Car Rental USA, Inc. |
| 2:2008cv03874 |
| January 21, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Victor B. Kenton |
| A. Howard Matz |
| Other Statutory Actions |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
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Filing
46
MINUTES IN CHAMBERS before Judge A. Howard Matz: On the Court's own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION the pending motion to dismiss 35 in the Vanguard case. The parties will be notified if a hearing is necessary (see document for further details). Finally, the court also takes OFF-CALENDAR and UNDER SUBMISSION Plaintiffs' pending MOTIONS to file Third Third Amended Complaint 40 . The third amended complaints re-allege the claims in the second amended complaints, and add a third claim and prayer for relief. In order to preserve judicial resources, the Court will first decide the pending motion to dismiss, and will then turn to the motions to file a third amended complaint. (jp)
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Filing
31
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court GRANTS the MOTION to Dismiss 20 the UCL claim and the claim for declaratory relief, with leave to amend. Plaintiff has withdrawn his claim under California Insurance Code Section 1861.01, et seq., and the Court dismisses that claim with prejudice. Finally, the Court orders Plaintiff to clarify that he is seeking only nonrestitutionary disgorgement, if he decides to submit a second amended complaint. (jp)
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Filing
26
MINUTES OF IN CHAMBERS before Judge A. Howard Matz: Pursuant to the Courts inherent power to adjudicate civil actions efficiently, the Court will first adjudicate the motion defendants filed in Zack Miller v. Vanguard Car Rental USA, Inc., et al., CV 08-3874 AHM (VBKx) ("the Vanguard action"). All pending motions in the five other car rental insurance cases where motions were made are hereby vacated. Defendants in those cases will be deemed to have joined in the Rule 12 motion in the V anguard action, and in the reply to Plaintiffs opposition to that motion. Further, defendants in the remaining two cases shall not file any Rule 12 motions until the resolution of the Vanguard motions (see document for further detials). Court will gr ant the stipulation in Vanguard and continue the hearing on the Vanguard motion to December 15, 2008. Pursuant to the stipulation, Miller must file and serve his opposition on or before November 24, 2008, but Vanguard must file its reply on or before December 5, 2008 re 20 . (jp)
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