This case was last updated from Los Angeles County Superior Courts on 07/01/2021 at 01:22:54 (UTC).

BRIDGER CLAIMS SERVICES LLC VS ATIVARA TRIRATANA

Case Summary

On 11/07/2019 BRIDGER CLAIMS SERVICES LLC filed a Personal Injury - Other Personal Injury lawsuit against ATIVARA TRIRATANA. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0338

  • Filing Date:

    11/07/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BRIDGER CLAIMS SERVICES LLC

Defendant

TRIRATANA ATIVARA

Attorney/Law Firm Details

Plaintiff Attorney

ROSENBERG GARY A.

 

Court Documents

Request for Dismissal - Request for Dismissal

6/16/2021: Request for Dismissal - Request for Dismissal

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

7/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

7/9/2020: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Judgment - Judgment PROPOSED

8/10/2020: Judgment - Judgment PROPOSED

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

9/28/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment Notice of Motion and Motion to Vacate Default and Default Judgment

10/16/2020: Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment Notice of Motion and Motion to Vacate Default and Default Judgment

Opposition (name extension) - Opposition PLAINTIFFS OPPOSITION TO MOTION TO VACATE

1/15/2021: Opposition (name extension) - Opposition PLAINTIFFS OPPOSITION TO MOTION TO VACATE

Supplemental Declaration (name extension) - Supplemental Declaration of defendant in support of motion

1/21/2021: Supplemental Declaration (name extension) - Supplemental Declaration of defendant in support of motion

Notice of Continuance - Notice of Continuance Re: motion to vacate default

2/3/2021: Notice of Continuance - Notice of Continuance Re: motion to vacate default

Minute Order - Minute Order (Hearing on Motion to Vacate Default and Default Judgment)

3/17/2021: Minute Order - Minute Order (Hearing on Motion to Vacate Default and Default Judgment)

Answer - Answer

3/24/2021: Answer - Answer

Minute Order - Minute Order (Status Conference)

4/27/2021: Minute Order - Minute Order (Status Conference)

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

12/19/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/19/2019: Proof of Personal Service - Proof of Personal Service

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

11/7/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Complaint - Complaint

11/7/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/7/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 06/18/2021
  • DocketTrial Setting Conference scheduled for 06/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/18/2021

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  • 06/16/2021
  • DocketOn the Complaint filed by Bridger Claims Services LLC on 11/07/2019, entered Request for Dismissal with prejudice filed by Bridger Claims Services LLC as to Ativara Triratana

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  • 05/11/2021
  • DocketSubstitution of Attorney; Filed by: Ativara Triratana (Defendant)

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  • 04/27/2021
  • DocketTrial Setting Conference scheduled for 06/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/27/2021
  • DocketMinute Order (Status Conference)

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  • 04/27/2021
  • DocketCertificate of Mailing for (Status Conference) of 04/27/2021; Filed by: Clerk

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  • 04/27/2021
  • DocketStatus Conference scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/27/2021; Result Type to Held

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  • 03/24/2021
  • DocketAnswer; Filed by: Ativara Triratana (Defendant)

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  • 03/18/2021
  • DocketStatus Conference scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 03/17/2021
  • DocketMinute Order (Hearing on Motion to Vacate Default and Default Judgment)

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32 More Docket Entries
  • 12/19/2019
  • DocketProof of Personal Service; Filed by: Bridger Claims Services LLC (Plaintiff); As to: Ativara Triratana (Defendant); Service Date: 11/13/2019; Service Cost: 64.50; Service Cost Waived: No

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  • 11/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/10/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/08/2019
  • DocketNon-Jury Trial scheduled for 05/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/08/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/07/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/07/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/07/2019
  • DocketCivil Case Cover Sheet; Filed by: Bridger Claims Services LLC (Plaintiff); As to: Ativara Triratana (Defendant)

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  • 11/07/2019
  • DocketSummons on Complaint; Issued and Filed by: Bridger Claims Services LLC (Plaintiff); As to: Ativara Triratana (Defendant)

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  • 11/07/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Bridger Claims Services LLC (Plaintiff); As to: Ativara Triratana (Defendant)

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  • 11/07/2019
  • DocketComplaint; Filed by: Bridger Claims Services LLC (Plaintiff); As to: Ativara Triratana (Defendant)

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Tentative Rulings

Case Number: 19STLC10338    Hearing Date: March 17, 2021    Dept: 25

HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Bridger Claims Services, LLC v. Triratana COMPL. FILED: 11-07-19

CASE NUMBER: 19STLC10338 DEFAULT: 12-19-19

NOTICE: OK DEF. JDGMT: 08-10-20

PROCEEDINGS: MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant Ativara Triratana, in pro per

RESP. PARTY: Plaintiff Bridger Claims Services, LLC

MOTION TO SET ASIDE/VACATE DEFAULT

(CCP § 473 (b), (d))

TENTATIVE RULING:

Defendant Ativara Triratana’s Motion to Vacate Default and Default Judgment is GRANTED. The default entered on December 19, 2019 and default judgment entered on August 10, 2020 are HEREBY VACATED. Defendant is ordered to file her responsive pleading 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: Filed on January 15, 2021 [ ] Late [ ] None

REPLY: Filed on January 21, 2021 [ ] Late [ ] None

ANALYSIS:

  1. Background & Discussion

On November 7, 2019, Plaintiff Bridger Claims Services, LLC (“Plaintiff”) filed an action against Defendant Ativara Triratana (“Defendant”). Plaintiff filed a proof of service purporting to show Defendant was personally served on November 13, 2019 at 8929 Gullo Ave., Arleta, CA 91331 (the “Gullo Address”). (12/19/19 Proof of Service.) Following Defendant’s failure to respond to the Complaint, default was entered against her on December 19, 2019. A default judgment of $14,744.23 was thereafter entered on August 10, 2020.

On October 16, 2020, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion”), in pro per. Plaintiff filed an Opposition on January 15, and Defendant filed a Reply on January 21. Also on January 21, Defendant filed a Notice of Limited Scope Representation, indicating attorney Robert Chen would represent her at the hearing for this Motion.

At the initial February 1, 2021 hearing, the Court found that relief under Code of Civil Procedure section 473, subdivision (b) was untimely. (2/1/21 Minute Order.) Defendant argued she was never served with the Summons and Complaint. (Id.) The Court noted that the default and default judgment could be void under Section 473, subdivision (d), for lack of proper service. (Id.)

In Defendant’s reply papers, she submitted evidence that she did not live at the Gullo Address at the time she was purportedly personally served. (Id.) She also provided a copy of her driver’s license demonstrating that the person described on the proof of service was inconsistent with the description on her driver’s license. (Id.) Specifically, the personally served at the Gullo Address was a Middle Eastern woman, approximately 5’4” – 5’6” in height, but Defendant stated she is an Asian woman, and her driver’s license states she is 4’1”. (Id.)

Although the Court was inclined to grant the Motion, Defendant’s evidence was submitted in her reply papers. (Id.) For this reason, the Court continued the hearing to allow Plaintiff an opportunity to respond to Defendant’s new evidence. (Id.)

Plaintiff did not file any supplemental papers in response to Defendant’s evidence.

Thus, because Defendant’s evidence demonstrates she was not personally served with the Summons and Complaint, the default and default judgment entered against her are void. (Code Civ. Proc., § 473, subd. (d).) Accordingly, Defendant’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Ativara Triratana’s Motion to Vacate Default and Default Judgment is GRANTED. The default entered on December 19, 2019 and default judgment entered on August 10, 2020 are HEREBY VACATED. Defendant is ordered to file her responsive pleading within ten (10) days of this order.

Moving party is ordered to give notice.

Case Number: 19STLC10338    Hearing Date: February 01, 2021    Dept: 25

HEARING DATE: Mon., February 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Bridger Claims Services, LLC v. Triratana COMPL. FILED: 11-07-19

CASE NUMBER: 19STLC10338 DEFAULT: 12-19-19

NOTICE: OK DEF. JDGMT: 08-10-20

PROCEEDINGS: MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant Ativara Triratana, in pro per

RESP. PARTY: Plaintiff Bridger Claims Services, LLC

MOTION TO SET ASIDE/VACATE DEFAULT

(CCP § 473 (b), (d))

TENTATIVE RULING:

To allow Plaintiff an opportunity to respond to the evidence presented in Defendant’s reply papers, the Motion to Vacate Default and Default Judgment is CONTINUED TO MARCH 17, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Any supplemental papers must be filed at least 16 court days before the next scheduled hearing.

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: Filed on January 15, 2021 [ ] Late [ ] None

REPLY: Filed on January 21, 2021 [ ] Late [ ] None

ANALYSIS:

  1. Background

On November 7, 2019, Plaintiff Bridger Claims Services, LLC (“Plaintiff”) filed an action against Defendant Ativara Triratana (“Defendant”). Plaintiff filed a proof of service purporting to show Defendant was personally served on November 13, 2019 at 8929 Gullo Ave., Arleta, CA 91331 (the “Gullo Address”). (12/19/19 Proof of Service.) Following Defendant’s failure to respond to the Complaint, default was entered against her on December 19, 2019. A default judgment of $14,744.23 was thereafter entered on August 10, 2020.

On October 16, 2020, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion”), in pro per. Plaintiff filed an Opposition on January 15, 2021, and Defendant filed a Reply on January 21, 2021. Also on January 21, Defendant filed a Notice of Limited Scope Representation, indicating attorney Robert Chen would represent her at the hearing for this Motion.

  1. Legal Standard & Discussion

A. CCP § 473(b)

Defendant moves to set aside the default and default judgment entered against her on the basis of mistake, inadvertence, surprise, or excusable neglect. (Mot., pp. 1:25-2:5.)

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.)

However, the six-month time limit for discretionary relief begins to run on the date the default is entered, not the default judgment taken thereafter. (Rutan v. Summit Sports, Inc. (1985) 173. Cal.App.3d 965, 970.) Thus, this Motion should have been filed no later than June 19, 2020. As it was not filed until October 16, 2020, it is untimely.

B. CCP § 473(d)

Although not specifically referenced in Defendant’s moving papers, the Court notes that a default and default judgment may also be vacated if they are void.

“‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action’ [citation], and a defendant has an absolute right to demand that process be issued against him in a manner prescribed by law.” (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) “‘[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. [Citation.]’” (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) The Court may set aside any void judgment or order at any time. (Code Civ. Proc., § 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.)

In her Reply, Defendant states that she was never personally served with the Summons and Complaint. (Reply, Triratana Decl., ¶ 1, Exh. B.) As evidence, she submits a copy of her driver’s license issued on December 12, 2018 describing her as female, 4’1” in height, and approximately 132 pounds. (Id.) Defendant also states she is an Asian woman. (Id.) The proof of service Plaintiff filed, however, describes the person personally served as a Middle Eastern woman, approximately 5’4” – 5’6” in height. (12/19/20 Proof of Service.) In addition, Defendant’s driver’s license lists her address as 1419 N. Kingsley Dr., Apt. 211, Los Angeles, CA 90027 (the “Kingsley Address”). (Reply, Triratana Decl., ¶ 1, Exh. B.) Defendant states that she previously lived at the Gullo Address, but moved before the date of service. (Id. at ¶ 2.) To demonstrate she no longer resided at the Gullo Address at the time she was purportedly served, she provides a copy of her November 9, 2019 bank statement addressed to the Kingsley Address. (Id. at ¶¶ 2-3, Exh. C.)

In its opposition, Plaintiff argues Defendant is not entitled to relief from default and default judgment because she had actual notice of this action. However, actual notice is not a substitute for proper service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392.)

Although it appears that Defendant was not personally served with the Summons and Complaint, Defendant’s evidence was submitted with her Reply papers. Generally, new evidence is not permitted in reply papers. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.) If permitted, the opposing party should be given an opportunity to respond. (Id.) Thus, the hearing is CONTINUED to allow Plaintiff an opportunity to respond to Defendant’s new evidence.

  1. Conclusion & Order

For the foregoing reasons, To allow Plaintiff an opportunity to respond to the evidence presented in Defendant’s reply papers, the Motion to Vacate Default and Default Judgment is CONTINUED TO MARCH 17, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Any supplemental papers must be filed at least 16 court days before the next scheduled hearing.

Moving party is ordered to give notice.

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