This case was last updated from Los Angeles County Superior Courts on 02/25/2021 at 22:52:50 (UTC).

EMILIA AGUILAR-LOPEZ VS FRANCISCA SKRIPKO, ET AL.

Case Summary

On 04/07/2020 EMILIA AGUILAR-LOPEZ filed a Personal Injury - Motor Vehicle lawsuit against FRANCISCA SKRIPKO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3126

  • Filing Date:

    04/07/2020

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

AGUILAR-LOPEZ EMILIA

Defendants

SKRIPKO FRANCISCA

DE LA CRUZ MAURICIO

Attorney/Law Firm Details

Plaintiff Attorney

DUNHAM DONALD TILDON

Defendant Attorneys

BARRENO ALEXANDRA

DEMAIO MICHELLE MARIE

 

Court Documents

Summons - Summons on Complaint

4/7/2020: Summons - Summons on Complaint

Answer - Answer

2/16/2021: Answer - Answer

Notice (name extension) - Notice OF CHANGE IN HANDLING ATTORNEY

1/22/2021: Notice (name extension) - Notice OF CHANGE IN HANDLING ATTORNEY

Minute Order - Minute Order (Ruling on Submitted Matter)

1/21/2021: Minute Order - Minute Order (Ruling on Submitted Matter)

Opposition (name extension) - Opposition Plaintiff Emilia Aguilar-Lopez's Oppostion to Defendant's Notice of Motion to Set Aside Default; Monetary Sactions of $1000.00 against Defendant's Counsel; Mem

12/29/2020: Opposition (name extension) - Opposition Plaintiff Emilia Aguilar-Lopez's Oppostion to Defendant's Notice of Motion to Set Aside Default; Monetary Sactions of $1000.00 against Defendant's Counsel; Mem

Reply (name extension) - Reply to Opposition to Defendant's Motion to Set Aside Default

1/11/2021: Reply (name extension) - Reply to Opposition to Defendant's Motion to Set Aside Default

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

1/14/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/16/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

7/20/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Notice (name extension) - Notice of Entry of Default against Defendant Mauricio De La Cruz

7/21/2020: Notice (name extension) - Notice of Entry of Default against Defendant Mauricio De La Cruz

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

5/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

4/27/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

4/27/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

4/7/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

4/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/7/2020: First Amended Standing Order - First Amended Standing Order

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

4/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

18 More Documents Available

 

Docket Entries

  • 04/11/2023
  • Hearing04/11/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/05/2021
  • Hearing10/05/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/18/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: Mauricio De La Cruz (Defendant); Result: Granted; Result Date: 02/18/2021

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  • 02/18/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 02/18/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/18/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/18/2021; Result Type to Held - Motion Granted

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  • 02/16/2021
  • DocketAnswer; Filed by: Francisca Skripko (Defendant); As to: Emilia Aguilar-Lopez (Plaintiff)

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  • 02/10/2021
  • DocketReply DEFENDANT, MAURICIO DE LA CRUZ?S, REPLY TO PLAINTIFF?S OPPOSITION TO DEFENDANT?S MOTION FOR ORDER OF RELIEF SETTING ASIDE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF ALEXANDRA BARRENO; Filed by: Mauricio De La Cruz (Defendant)

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  • 01/22/2021
  • DocketNotice OF CHANGE IN HANDLING ATTORNEY; Filed by: Francisca Skripko (Defendant); Mauricio De La Cruz (Defendant)

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  • 01/22/2021
  • DocketUpdated -- Michelle Marie DeMaio (Attorney): First Name changed from Alexandra to Michelle; Last Name changed from Barreno to DeMaio; Organization Name changed from Law Ofcs of Dan D. Endoso to Law Offices of Dan Endoso & Associates; Middle Name: Marie

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  • 01/22/2021
  • DocketAddress for Michelle Marie DeMaio (Attorney) null

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27 More Docket Entries
  • 04/27/2020
  • DocketNotice of filing proof of service; Filed by: Emilia Aguilar-Lopez (Plaintiff); As to: Francisca Skripko (Defendant)

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  • 04/07/2020
  • DocketNon-Jury Trial scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/11/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/07/2020
  • DocketComplaint; Filed by: Emilia Aguilar-Lopez (Plaintiff); As to: Francisca Skripko (Defendant); Mauricio De La Cruz (Defendant)

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  • 04/07/2020
  • DocketCivil Case Cover Sheet; Filed by: Emilia Aguilar-Lopez (Plaintiff); As to: Francisca Skripko (Defendant)

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  • 04/07/2020
  • DocketCivil Case Cover Sheet; Filed by: Emilia Aguilar-Lopez (Plaintiff); As to: Francisca Skripko (Defendant)

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  • 04/07/2020
  • DocketSummons on Complaint; Issued and Filed by: Emilia Aguilar-Lopez (Plaintiff); As to: Francisca Skripko (Defendant)

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  • 04/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/07/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03126    Hearing Date: February 18, 2021    Dept: 26


Case Number: LAM10K12135    Hearing Date: February 18, 2021    Dept: 26

CrossCheck, Inc. Outten, et al.

MOTION VACATE RENEWAL OF JUDGMENT

(??)

TENTATIVE RULING:

Judgment Debtor Esther M. Outten’s Motion to Vacate the Renewal of Judgment is DENIED.

Case Number: 20STLC03126    Hearing Date: January 19, 2021    Dept: 26

Aguilar-Lopez v. Skripko, et al.

MOTION TO VACATE DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Francisca Skripko’s Motion to Vacate Entry of Default is GRANTED PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 473, SUBDIVISION (B). DEFENDANT TO FILE AND SERVE PROPOSED ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.TRIAL DATE IS RESET FOR July 27, 2021 at 8:30 a.m. in Department 26 in the Spring Street Courthouse. 

ANALYSIS:

Plaintiff Emilia Aguilar-Lopez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Francisco Skripko (“Defendant Skripko”) and Mauricio De La Cruz on November 12, 2020. Following Defendant Skripko’s failure to file a responsive pleading, the Court entered her default on May 19, 2020. Defendant and “Real Party in Interest Alliance United Insurance” filed the instant Motion to Vacate Default on November 12, 2020. Plaintiff filed an opposition on December 29, 2020 and Defendant replied on January 11, 2021.

Discussion

To the extent there is no recognized Real Party in Interest Alliance United Insurance in this action, the Court considers the Motion solely on behalf of Defendant Skripko. Defendant Skripko moves for relief from the default pursuant to Code of Civil Procedure sections 473, subdivisions (b) and 425.11. The Court will address each basis in turn.

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.) The motion is brought based on defense counsel’s excusable neglect or surprise. (Notice, p. 2:9-11.)

The Motion was timely filed and served less than six months after entry of default. It attaches a copy of Defendant’s proposed Answer, as required by the moving statute. (Motion, Barreno Decl., Exh. 3.) While the Motion is not supported by a declaration of attorney fault, the Reply attaches a declaration by defense counsel attesting to her failure to ensure an answer to the Complaint was timely filed. (Reply, Barreno Decl., ¶¶2-4.) Based on this showing of defense’s counsel neglect, relief from the entry of default under of Civil Procedure section 473, subdivision (b) is appropriate.

Code of Civil Procedure section 425.11

The Motion is also brought under Code of Civil Procedure section 425.11, which requires a plaintiff in a personal injury action to serve the defendant with a statement of damages prior to entry of default. (Code Civ. Proc., § 425.11, subds. (a)-(c).) However, there is no evidence that Defendant Skripko was not served with the statement of damages as required. No declaration by Defendant Skripko is submitted in support of the Motion addressing service of the statement of damages and the statement of damages is not mentioned in defense counsel’s supporting declaration. (Motion, Barreno Decl., ¶¶1-11.) Finally, the proof of personal service of the Summons and Complaint on Defendant Skripko states that the statement of damages was served concurrently on April 18, 2020. (Proof of Personal Service, filed 4/27/20, ¶2f.) The proof of service was executed by a registered process server and, therefore, is entitled a presumption of veracity. Without evidence to the contrary, the presumption of service of the statement of damages remains.

Conclusion

Defendant Francisca Skripko’s Motion to Vacate Entry of Default is GRANTED PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 473, SUBDIVISION (B). DEFENDANT TO FILE AND SERVE PROPOSED ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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