This case was last updated from Los Angeles County Superior Courts on 10/30/2019 at 00:00:45 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS MARIA LUISA SANCHEZ

Case Summary

On 05/01/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTO CLUB against MARIA LUISA SANCHEZ 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:

    *******6768

  • Filing Date:

    05/01/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - 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

Defendant

SANCHEZ MARIA LUISA

 

Court Documents

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

9/17/2019: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

10/29/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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

12/7/2018: 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

12/7/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

12/7/2018: 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

12/7/2018: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Request for Dismissal - Request for Dismissal

12/7/2018: Request for Dismissal - Request for Dismissal

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

12/7/2018: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Declaration (name extension) - Declaration NOTICE OF DEFENDANT'S PENDING BANKRUPTCY

2/19/2019: Declaration (name extension) - Declaration NOTICE OF DEFENDANT'S PENDING BANKRUPTCY

Judgment - Judgment - Other Clerk Judgment - 05/28/2019 entered for Plaintiff Interinsurance Exchange of the Auto Club, an interinsurance exchange against Defendant Maria Luisa Sanchez.

5/28/2019: Judgment - Judgment - Other Clerk Judgment - 05/28/2019 entered for Plaintiff Interinsurance Exchange of the Auto Club, an interinsurance exchange against Defendant Maria Luisa Sanchez.

Request for Entry of Default / Judgment

8/27/2018: Request for Entry of Default / Judgment

Proof of Service by Substituted Service

6/26/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

5/1/2018: Civil Case Cover Sheet

Complaint

5/1/2018: Complaint

Summons - on Complaint

5/1/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

5/1/2018: Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 10/29/2019
  • DocketUpdated -- Motion to Set Aside/Vacate Default and / or Default Judgment: Filed By: Interinsurance Exchange of the Auto Club (Plaintiff); Result: Granted; Result Date: 10/29/2019

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  • 10/29/2019
  • DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, judgment entered on 05/28/2019 is vacated

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  • 10/29/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, judgment entered on 05/28/2019 as to Maria Luisa Sanchez is

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  • 10/29/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, Default entered on 12/07/2018, Vacated - .

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  • 10/29/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, entered Order for Dismissal with prejudice as to the entire action

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  • 10/29/2019
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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  • 10/29/2019
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/29/2019; Result Type to Held - Motion Granted

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  • 09/17/2019
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant)

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  • 09/17/2019
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/28/2019
  • DocketJudgment - Other Clerk Judgment - 05/28/2019 entered for Plaintiff Interinsurance Exchange of the Auto Club, an interinsurance exchange against Defendant Maria Luisa Sanchez. Filed by: Clerk

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13 More Docket Entries
  • 08/27/2018
  • DocketDefault entered as to Maria Luisa Sanchez; On the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018

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  • 08/27/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant)

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  • 06/26/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant); Proof of Mailing Date: 05/30/2018; Service Cost: 100.00; Service Cost Waived: No

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  • 05/03/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/03/2018
  • DocketNon-Jury Trial scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant)

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  • 05/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 05/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC06768    Hearing Date: October 29, 2019    Dept: 94

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP §§ 187, 473(d))

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile’s Motion to Vacate Default and Default Judgment is GRANTED.

ANALYSIS:

I. Background

Plaintiff Interinsurance Exchange of the Automobile (“Plaintiff”) brought this subrogation action against Defendant Maria Luisa Sanchez (“Defendant”) on May 1, 2018. More than five months later, default was entered against Defendant. Defendant then filed for bankruptcy on January 14, 2019. (2/29/19 Notice of Defendant’s Pending Bankruptcy.) Despite this, default judgment was entered against Defendant on May 28th of this year.

According to Plaintiff, Defendant’s bankruptcy was discharged on April 29, 2019. (Motion p. 3.) On September 17, Plaintiff filed a Motion to Vacate the Default and Default Judgment and Entry of Dismissal (the “Motion”) given the bankruptcy proceeding.

II. Discussion

A discharge order under the Bankruptcy Code: extinguishes the debtor’s personal liability with respect to his creditor’s claims; voids any judgment to the extent of the debtor’s personal liability for a discharged debt; and enjoins the commencement or continuation of civil suits against the debtor personally to recover any discharged debt. [Citations.]” (Hurley v. Bredehorn (1996) 44 Cal.App.4th 1700, 1703-1704, emphasis added.) The issue here is simple. Because Defendant’s bankruptcy has been discharged, the default judgment against her is void.

III. Conclusion & Order

The unopposed Motion is GRANTED. The default and default judgment entered against Defendant are vacated, and this action is hereby dismissed with prejudice.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.