This case was last updated from Los Angeles County Superior Courts on 02/24/2021 at 03:59:53 (UTC).

ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O ROLANDO CERVANTES VS JORGE MARIO DUARTE, ET AL.

Case Summary

On 04/27/2020 ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O ROLANDO CERVANTES filed a Personal Injury - Motor Vehicle lawsuit against JORGE MARIO DUARTE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3644

  • Filing Date:

    04/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O ROLANDO CERVANTES

Defendants

PACTRUX INC.

DUARTE JORGE MARIO

Attorney/Law Firm Details

Plaintiff Attorney

HAUS MICHAEL

Defendant Attorney

SALLEY ROBERT B.

 

Court Documents

Notice of Ruling - Notice of Ruling

2/9/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

2/9/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Answer - Answer

2/9/2021: Answer - Answer

Ex Parte Application (name extension) - Ex Parte Application Motion to Vacate Default Judgment and Set Aside Default

10/28/2020: Ex Parte Application (name extension) - Ex Parte Application Motion to Vacate Default Judgment and Set Aside Default

Minute Order - Minute Order (Hearing on Ex Parte Application Motion to Vacate Default Judg...)

10/29/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Motion to Vacate Default Judg...)

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

11/2/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/15/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

9/16/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

7/9/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/27/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/15/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

4/27/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/27/2020: Summons - Summons on Complaint

4 More Documents Available

 

Docket Entries

  • 05/01/2023
  • Hearing05/01/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/25/2021
  • Hearing10/25/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/09/2021
  • DocketAnswer; Filed by: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant); As to: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff)

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  • 02/09/2021
  • DocketNotice of Ruling; Filed by: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)

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  • 02/09/2021
  • DocketOn the Complaint filed by Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes on 04/27/2020, Default entered on 10/15/2020, Vacated - .

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  • 02/09/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 02/09/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/09/2021 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/09/2021; Result Type to Held - Motion Granted

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  • 11/02/2020
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant); As to: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff)

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  • 11/02/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/09/2021 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 10/29/2020
  • DocketUpdated -- Ex Parte Application Motion to Vacate Default Judgment and Set Aside Default: Filed By: Pactrux Inc. (Defendant),Jorge Mario Duarte (Defendant); Result: Denied; Result Date: 10/29/2020

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7 More Docket Entries
  • 05/15/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/15/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/25/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/01/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/27/2020
  • DocketComplaint; Filed by: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff); As to: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)

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  • 04/27/2020
  • DocketSummons on Complaint; Issued and Filed by: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff); As to: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)

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  • 04/27/2020
  • DocketCivil Case Cover Sheet; Filed by: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff); As to: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)

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  • 04/27/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/27/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/27/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03644    Hearing Date: February 09, 2021    Dept: 25

HEARING DATE:    Tue., February 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Allstate Northbrook Indemnity Co. v. Duarte, et al.

CASE NUMBER: 20STLC03644  COMP. FILED: 04-27-20

NOTICE: OK DEFAULT: 10-15-20

TRIAL DATE: 10-25-21

PROCEEDINGS    MOTION TO VACATE DEFAULT

MOVING PARTY:   Defendants Jorge Mario Duarte and Pactrux, Inc.

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DEFAULT  

(CCP § 473(b))

TENTATIVE RULING:

Defendants Jorge Mario Duarte and Pactrux, Inc.’s Motion to Vacate Default is GRANTED. The default entered against Defendants on October 15, 2020 is HEREBY VACATED. Proposed answer to be filed within ten (10) days of this order.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 5, 2021 [   ] Late [X] None

REPLY: None filed as of February 5, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On April 27, 2020, Plaintiff Allstate Northbrook Indemnity Company (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendants Jorge Mario Duarte (“Duarte”) and Pactrux, Inc. (“Pactrux”) (collectively, “Defendants”). Following Defendants’ failure to respond, default was entered against them on October 15, 2020.

Defendants filed the instant Motion to Vacate Default (the “Motion”) on November 2, 2020. To date, no opposition has been filed.

  1. Legal Standard & Discussion

Defendants seek relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:1-3.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

Defendants’ Motion is timely. They seek to set aside the October 15, 2020 default entered against them due to Defendants’ counsel’s mistake and inadvertence. (Mot., p. 3:11-15.) Specifically, counsel states that he neglected to notice that Defendants were each served on different dates and mistakenly believed that the later date, September 1, 2020, was the only operative date. (Id., Salley Decl., ¶ 5.) The error was further compounded when he mistakenly calendared November 1, 2020 as the deadline to file a responsive pleading. (Id.) Counsel did not realize his error until October 23, 2020, when he reviewed the file in anticipation of speaking with Plaintiff’s counsel regarding a possible settlement. (Id. at ¶ 6.)

Based on the timely request to vacate the default supported by an attorney affidavit of fault, the Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendants Jorge Mario Duarte and Pactrux, Inc.’s Motion to Vacate Default is GRANTED. The default entered against Defendants on October 15, 2020 is HEREBY VACATED. Proposed answer to be filed within ten (10) days of this order.

Moving party is ordered to give notice.

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