This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 17:50:34 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS ERNESTO ARIPZE, ET AL.

Case Summary

On 02/15/2018 a Personal Injury - Uninsured Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTO CLUB against ERNESTO ARIPZE in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3136

  • Filing Date:

    02/15/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTO CLUB

Defendants

CARBAJAL JAVIER GONZALEZ

ARIPZE ERNESTO

 

Court Documents

Declaration (name extension) - Declaration Declaration of Geon Lim in Support of Request for Entry of Default Judgment

7/11/2019: Declaration (name extension) - Declaration Declaration of Geon Lim in Support of Request for Entry of Default Judgment

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

7/11/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration in Support of Request for Entry of Default Judgment

7/11/2019: Declaration (name extension) - Declaration Declaration in Support of Request for Entry of Default Judgment

Request for Dismissal - Request for Dismissal

7/11/2019: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration Re: 585(d) & 1033

2/7/2019: Declaration (name extension) - Declaration Re: 585(d) & 1033

Request for Dismissal - Request for Dismissal

2/7/2019: Request for Dismissal - Request for Dismissal

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

3/7/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Proof of Service by Substituted Service

3/23/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

3/12/2018: Proof of Service by Substituted Service

Summons - on Complaint

2/15/2018: Summons - on Complaint

Civil Case Cover Sheet

2/15/2018: Civil Case Cover Sheet

Complaint

2/15/2018: Complaint

Request for Entry of Default / Judgment

6/28/2018: Request for Entry of Default / Judgment

Notice of Case Assignment - Limited Civil Case

2/15/2018: Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 02/18/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/11/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 07/11/2019
  • DocketDeclaration Declaration in Support of Request for Entry of Default Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 07/11/2019
  • DocketRequest for Dismissal; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 07/11/2019
  • DocketDeclaration Declaration of Geon Lim in Support of Request for Entry of Default Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 07/11/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Javier Gonzalez Carbajal (Defendant)

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  • 07/11/2019
  • Docket; On the Complaint filed by Interinsurance Exchange of the Auto Club on 02/15/2018

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  • 07/11/2019
  • DocketDefault entered as to Javier Gonzalez Carbajal; On the Complaint filed by Interinsurance Exchange of the Auto Club on 02/15/2018

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  • 07/11/2019
  • DocketUpdated -- Lee Michael Mendelson (Attorney): Organization Name changed from Mendelson Goldman & Schwarz, APC to Mendelson Schwarz, A Professional Law Corporation

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  • 07/11/2019
  • DocketAddress for Lee Michael Mendelson (Attorney) null

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13 More Docket Entries
  • 03/23/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Ernesto Aripze (Defendant); Proof of Mailing Date: 03/18/18; Service Cost: 92.00; Service Cost Waived: No

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  • 03/12/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Javier Gonzalez Carbajal (Defendant); Proof of Mailing Date: 03/08/2018; Service Cost: 92.00; Service Cost Waived: No

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  • 03/07/2018
  • DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 02/22/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 02/22/2018
  • DocketNon-Jury Trial scheduled for 08/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/22/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/15/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Ernesto Aripze (Defendant); Javier Gonzalez Carbajal (Defendant)

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  • 02/15/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 02/15/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC03136    Hearing Date: January 22, 2020    Dept: 25

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 15, 2019 IS HEREBY VACATED.

ANALYSIS:

I. Background

On February 15, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action against Defendants Ernesto Aripze and Javier Gonzalez Carbajal (collectively, “Defendants”) for subrogation and indebtedness.

On August 15, 2019, during the scheduled non-jury trial, the appearing attorney for Plaintiff orally requested that the Complaint be dismissed without prejudice. (8/15/19 Minute Order.)

On November 25, 2019, Plaintiff filed the instant Motion for Order Vacating Entry of Dismissal (the “Motion”).

To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

Plaintiff seeks to vacate dismissal entered on August 15, 2019 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.)

Plaintiff’s Motion is timely. Plaintiff seeks to set aside the dismissal due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or neglect. Specifically, Plaintiff’s counsel states that when this matter came before the Court for the scheduled non-jury trial, he mistakenly told the appearance attorney to dismiss the case instead of requesting a continuance. (Mot., Schwarz Decl.., ¶ 3.)

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

III. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 15, 2019 IS HEREBY VACATED.

Moving party is ordered to give notice.