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.
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04/27/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O ROLANDO CERVANTES
PACTRUX INC.
DUARTE JORGE MARIO
HAUS MICHAEL
SALLEY ROBERT B.
2/9/2021: Notice of Ruling - Notice of Ruling
2/9/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
2/9/2021: Answer - Answer
10/28/2020: Ex Parte Application (name extension) - Ex Parte Application Motion to Vacate Default Judgment and Set Aside Default
10/29/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Motion to Vacate Default Judg...)
11/2/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
10/15/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/16/2020: Proof of Personal Service - Proof of Personal Service
7/9/2020: Proof of Personal Service - Proof of Personal Service
4/27/2020: First Amended Standing Order - First Amended Standing Order
5/15/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]
4/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/27/2020: Complaint - Complaint
4/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
4/27/2020: Summons - Summons on Complaint
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
Hearing10/25/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketAnswer; Filed by: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant); As to: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff)
DocketNotice of Ruling; Filed by: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)
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 - .
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
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
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)
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
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
DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk
DocketUpdated -- First Amended Standing Order: As To Parties: removed
DocketNon-Jury Trial scheduled for 10/25/2021 at 08:30 AM in Spring Street Courthouse at Department 25
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
DocketComplaint; Filed by: Allstate Northbrook Indemnity Company a/s/o Rolando Cervantes (Plaintiff); As to: Jorge Mario Duarte (Defendant); Pactrux Inc. (Defendant)
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)
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)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
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:
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.
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.
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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