Global Liberty Insurance Company of New York v. Gonzalez
Filing
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ORDER re 13 Ex Parte Application for Reconsideration of Denial of Entry of Judgment. Signed by Judge James Donato on 2/14/2017. (jdlc1S, COURT STAFF) (Filed on 2/14/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GLOBAL LIBERTY INSURANCE
COMPANY OF NEW YORK,
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United States District Court
Northern District of California
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Plaintiff,
Case No.16-cv-06653-JD
ORDER RE RECONSIDERATION
v.
MARIA FATIMA GONZALEZ,
Defendant.
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On November 16, 2016, plaintiff Global Liberty Insurance Company of New York
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(“GLIC”) filed a complaint with a single count for declaratory relief. Dkt. No. 1. The question
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presented is whether GLIC has a duty to defend its insured, defendant Maria Fatima Gonzalez
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(operating as RF Limousine), under an auto insurance policy in a state court action for wrongful
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death. Without any further litigation, the parties represented to the Court in January 2017 that
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there was no longer a controversy and that Gonzales did not “dispute the lack of coverage.” Dkt.
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Nos. 10, 13. The parties asked the Court to enter declaratory relief and judgment, relieving GLIC
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from all claims in the underlying state action. Dkt. No. 10. The Court declined. Dkt. No. 12.
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GLIC now seeks reconsideration of that decision in an ex parte motion. Dkt. No. 13.
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As an initial matter, the Court has concerns about the propriety of a declaratory judgment
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in this case. The parties have never appeared before it, and the Court has no visibility into the
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appropriateness of declaratory judgment because it has not been litigated in any way beyond the
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filing of the complaint and the request to enter judgment. In addition, Gonzalez appears to be
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without a lawyer and purportedly has stipulated to relief that looks to be firmly against her
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interests. It is also unclear why this dispute cannot be resolved in the state action and whether
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there was, in fact, a “case or controversy” at the time the complaint was filed, given that
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immediately following service, “defendant confirmed that she does not dispute any of the
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allegations in the complaint.” Dkt. No. 13 at 2. Because the Court has no obligation to grant
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declaratory judgment, and will not do so if it serves an illegitimate purpose, the Court declines to
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issue judgment and uses its discretion to dismiss the case. Leadsinger, Inc. v. BMG Music Publ’g,
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512 F.3d 522, 533 (9th Cir. 2008); see also Exxon Shipping Co. v. Airport Depot Diner, Inc., 120
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F.3d 166, 168 (9th Cir. 1997). The Clerk is directed to close the case and vacate any set hearings.
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IT IS SO ORDERED.
Dated: February 14, 2017
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JAMES DONATO
United States District Judge
United States District Court
Northern District of California
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