Vulcano Tarque v. National Rental Car Financing Corp. et al
Plaintiff: Vulcano Tarque
Defendant: DOES and National Rental Car Financing Corp.
Case Number: 2:2008cv03882
Filed: August 26, 2009
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
Presiding Judge: Victor B. Kenton
Presiding Judge: A. Howard Matz
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement

Available Case Documents

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Date Filed Document Text
September 9, 2009 Opinion or Order Filing 42 MINUTES IN CHAMBERS before Judge A. Howard Matz: On its own motion, the Court therefore DISMISSES this action with prejudice and ORDERS the Clerk to close the case. (Made JS-6. Case Terminated.) (jp)
August 26, 2009 Opinion or Order Filing 39 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: Defendants have moved to dismiss the Second Amended Complaint (SAC). Plaintiffs have moved for leave to file a Third Amended Complaint (TAC). On March 23, 2009, this Court vacated the mot ion to dismiss, which was fully briefed, and explained that it would address the motion to dismiss in Zack Miller v. Vanguard CarRental USA, Inc., et al., CV 08-3874 and the ruling likely would be the basis for the ruling in this and the other relate d car insurance cases. Today the Court issued an Order in the Vanguard action dismissing the plaintiffsclaims and denying the plaintiffs motion for leave to amend his complaint. That Order is attached to this Order.The parties shall notify the Court in writing, by not later than September 4, 2009, what if any portions of their Motion to Dismiss and Motion for Leave to File a Third Amended Complaint 32 still require a ruling, or whether instead the Vanguard Order disposes of all issues in this case (lc)
March 23, 2009 Opinion or Order Filing 38 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 27 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 Amended Complaint 32 . 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)
March 20, 2009 Opinion or Order Filing 36 MINUTES IN CHAMBERS before Judge A. Howard Matz: On the Court's own motion, the Court continues the MOTION for Leave to file Third Amended Complaint filed by Plaintiff's Zack Miller (40) (47) (14) (29) (38) ; Jeffrey Klein (18); Vulcano Tarque 32 Andrew L. Woolf 32 from 3/23/2009 to 3/30/2009 at 10:00 AM. (jp)
January 21, 2009 Opinion or Order Filing 23 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court GRANTS the MOTION to Dismiss 15 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)
November 20, 2008 Opinion or Order Filing 22 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 15 . (jp)
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Defendant: DOES
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Defendant: National Rental Car Financing Corp.
Represented By: Wesley D Hurst
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Plaintiff: Vulcano Tarque
Represented By: Mike M Arias
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