This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 10:25:37 (UTC).

CALIFORNIA CASUALTY INDEMNITY EXCHANGE VS AMADOR SAGRERO, AN INDIVIDUAL

Case Summary

On 09/25/2017 CALIFORNIA CASUALTY INDEMNITY EXCHANGE filed a Personal Injury - Other Personal Injury lawsuit against AMADOR SAGRERO, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2323

  • Filing Date:

    09/25/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

CALIFORNIA CASUALTY INDEMNITY EXCHANGE

Defendants

OROZCO LEONARDO

SAGRERO AN INDIVIDUAL AMADOR

Attorney/Law Firm Details

Plaintiff Attorney

ROSENBERG GARY ALLEN

 

Court Documents

Proof of Personal Service

12/18/2017: Proof of Personal Service

Request for Entry of Default / Judgment

12/18/2017: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

7/26/2018: Request for Entry of Default / Judgment

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

8/10/2018: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Request for Entry of Default / Judgment

10/9/2018: Request for Entry of Default / Judgment

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

10/16/2018: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

3/19/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

3/19/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

3/19/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

3/19/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Minute Order - Minute Order (Non-Jury Trial)

3/25/2019: Minute Order - Minute Order (Non-Jury Trial)

Judgment - Judgment - Default Judgment By Court - Before Trial - 04/23/2019 entered for Plaintiff California Casualty Indemnity Exchange against Defendant Amador Sagrero, an individual; Defendant Leon

4/23/2019: Judgment - Judgment - Default Judgment By Court - Before Trial - 04/23/2019 entered for Plaintiff California Casualty Indemnity Exchange against Defendant Amador Sagrero, an individual; Defendant Leon

Proof of Service by Substituted Service

10/20/2017: Proof of Service by Substituted Service

Declaration (name extension) - of Non Service

10/4/2017: Declaration (name extension) - of Non Service

Notice of Case Assignment - Limited Civil Case

9/25/2017: Notice of Case Assignment - Limited Civil Case

Summons - on Complaint

9/25/2017: Summons - on Complaint

Complaint

9/25/2017: Complaint

Civil Case Cover Sheet

9/25/2017: Civil Case Cover Sheet

6 More Documents Available

 

Docket Entries

  • 04/29/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 08/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 04/29/2019

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  • 04/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 04/29/2019

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  • 04/23/2019
  • DocketDefault judgment by Court entered for Plaintiff California Casualty Indemnity Exchange against Defendant Amador Sagrero, an individual and Defendant Leonardo Orozco, an individual on the Complaint filed by California Casualty Indemnity Exchange on 09/25/2017 for damages of $13,363.10, interest of $474.87, and costs of $529.00 for a total of $14,366.97.

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  • 04/23/2019
  • DocketJudgment - Default Judgment By Court - Before Trial - 04/23/2019 entered for Plaintiff California Casualty Indemnity Exchange against Defendant Amador Sagrero, an individual; Defendant Leonardo Orozco, an individual. Filed by: Clerk

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  • 03/25/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 08/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/25/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 03/25/2019
  • DocketNon-Jury Trial scheduled for 03/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 03/25/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/19/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: California Casualty Indemnity Exchange (Plaintiff); As to: Amador Sagrero, an individual (Defendant); Leonardo Orozco (Defendant)

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  • 03/19/2019
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: California Casualty Indemnity Exchange (Plaintiff); As to: Amador Sagrero, an individual (Defendant); Leonardo Orozco (Defendant)

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  • 03/19/2019
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: California Casualty Indemnity Exchange (Plaintiff); As to: Amador Sagrero, an individual (Defendant); Leonardo Orozco (Defendant)

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11 More Docket Entries
  • 10/20/2017
  • DocketProof of Service of Summons; Filed by: California Casualty Indemnity Exchange (Plaintiff); As to: Amador Sagrero, an individual (Defendant); Proof of Mailing Date: 10/01/2017; Service Cost: 79.50; Service Cost Waived: No

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  • 10/04/2017
  • DocketDeclaration of Non Service; Filed by: California Casualty Indemnity Exchange (Plaintiff)

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  • 09/26/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 09/25/2017
  • DocketComplaint; Filed by: California Casualty Indemnity Exchange (Plaintiff); As to: Amador Sagrero, an individual (Defendant)

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  • 09/25/2017
  • DocketCivil Case Cover Sheet; Filed by: California Casualty Indemnity Exchange (Plaintiff)

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  • 09/25/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/25/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/25/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/25/2017
  • DocketNon-Jury Trial scheduled for 03/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/25/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02323    Hearing Date: February 20, 2020    Dept: 26

California Casualty Indemnity Exchange v. Sagrero, et al.

MOTION TO SET ASIDE DEFAULT JUDGMENT

(CCP §§ 473(b), 473.5)

TENTATIVE RULING:

Defendant Leonardo Orozco’s Motion to Vacate Default Judgment is DENIED.

Defendant Armado Sagrero’s Motion to Vacate Default Judgment is GRANTED. THE DECEMBER 18, 2017 ENTRY OF DEFAULT AND APRIL 23, 2019 DEFAULT JUDGMENT ARE HEREBY VACATED.

ANALYSIS:

On September 25, 2017, Plaintiff California Casualty Indemnity Exchange (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Amador Sagrero (“Defendant Sagrero”) and Leonardo Orozco (“Defendant Orozco”). Following Defendants’ failure to file a responsive pleading, the Court entered default against them on December 18, 2017 and default judgment on April 23, 2019.

Defendant Leonardo Orozco’s Motion to Vacate Default Judgment

Defendant Leonardo Orozco filed the instant Motion to Vacate Default Judgment on October 11, 2019. To date, no opposition has been filed. Defendant Orozco seeks relief from the default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order 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.)

Although the Motion was brought less than six months after default judgment, setting aside the default judgment would be “an idle act” by the Court because the entry of default was more than six months ago. This situation has been addressed by the Court of Appeals:

Williams’s motion was filed less than six months after entry of the default judgment, but more than six months after entry of its default. The trial court therefore could not set aside the default under Code of Civil Procedure section 473. And because it could not set aside the default, it also could not set aside the default judgment under Code of Civil Procedure section 473, because that would be “an idle act.” (Howard Greer Custom Originals v. Capritti (1950) 35 Cal.2d 886, 888, 221 P.2d 937.) “ ‘... If the judgment were vacated, it would be the duty of the court immediately to render another judgment of like effect, and the defendants, still being in default, could not be heard in opposition thereto. ...’ ” (Id. at pp. 888–889, 221 P.2d 937; accord, Weiss v. Blumencranc (1976) 61 Cal.App.3d 536, 541, 131 Cal.Rptr. 298; Koski v. U–Haul Co. (1963) 212 Cal.App.2d 640, 643, 28 Cal.Rptr. 398.)

We therefore conclude that Williams was not entitled to relief under Code of Civil Procedure section 473.

(Pulte Homes Corp. v. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.) As in Pulte Homes Corp., Defendant Orozco cannot obtain relief from the default judgment, despite the fact that the Motion was filed less than six months after judgment. Because the entry of default was more than six years ago—almost two years prior to the filing of the Motion, in fact—setting aside the default judgment would be of no help to Defendant Orozco. He would still be in default, as the entry of default would still remain, and he would have no right to challenge the default judgment that would again follow that entry of default. Rather, Defendant Orozco must seek relief from both the entry of default and default judgment, which cannot be accomplished under Code of Civil Procedure section 473, subdivision (b).

Defendant Leonardo Orozco’s Motion to Vacate Default Judgment is DENIED.

Defendant Armado Sagrero’s Motion to Vacate Default Judgment

Defendant Sagrero brings his Motion to Vacate Default Judgment under Code of Civil Procedure section 473.5, subdivision (a), which provides:

When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.

(Code Civ. Proc., § 473.5, subd. (a).)

As there is no indication in the Court’s records that written notice of the judgment was served on Defendant Sagrero, the outer deadline for a motion under Code of Civil Procedure section 473.5 is two years after entry of default judgment. There is also reasonabless requirement regarding the time to bring a motion under this staute. Defendant Sagrero contends he only learned of this action in May 2019. The instant Motion was filed less than five months later, which the Court finds reasonable.

Defendant Sagrero disavows any notice of this action prior to that time and contends that he did not live at the service address when the Summons and Complaint were served. Plaintiff filed proof of substitute service with respect to Defendant Sagrero on October 20, 2017 indicating service was accomplished on October 12, 2017. (Proof of Service, filed 10/20/17.) A proof of service containing a declaration from a registered process server, as this one was, invokes a presumption of valid service. (See American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390; see also Evid. Code § 647.) This presumption is rebuttable. (See id.) The party seeking to defeat service of process must present sufficient evidence to show that the service did not take place as stated. (See Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428; cf. People v. Chavez (1991) 231 Cal.App.3d 1471, 1483 [“If some fact be presumed, the opponent of that fact bears the burden of producing or going forward with evidence sufficient to overcome or rebut the presumed fact.”].) Merely denying service took place without more is insufficient to overcome the presumption. (See Yadegar, supra, 194 Cal.App.4th at 1428.)

In his Motion, Defendant Sagrero presents his own declaration stating that he did not live at the service address of 1169 North Hicks Avenue, Los Angeles, California in 2017. (Motion, Sagrero Decl., ¶4.) He states that he lived at the service address until approximately 2008, but thereafter moved away. (Id. at ¶4.) Finally, Defendant Sagrero contends he was not trying to evade service. (Id. at ¶6.) Based on Defendant Sagrero’s unopposed evidence regarding his lack of notice, the Court finds he is entitled to relief from the default and default judgment under Code of Civil Procedure section 473.5.

Defendant Armado Sagrero’s Motion to Vacate Default Judgment is GRANTED. THE DECEMBER 18, 2017 ENTRY OF DEFAULT AND APRIL 23, 2019 DEFAULT JUDGMENT ON ARE HEREBY VACATED.

Court clerk to give notice.