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.
*******6768
05/01/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTO CLUB
SANCHEZ MARIA LUISA
9/17/2019: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
10/29/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))
12/7/2018: Request for Entry of Default / Judgment - Request for Entry 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
12/7/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
12/7/2018: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees
12/7/2018: Request for Dismissal - Request for Dismissal
12/7/2018: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)
2/19/2019: Declaration (name extension) - Declaration NOTICE OF DEFENDANT'S PENDING BANKRUPTCY
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.
8/27/2018: Request for Entry of Default / Judgment
6/26/2018: Proof of Service by Substituted Service
5/1/2018: Civil Case Cover Sheet
5/1/2018: Complaint
5/1/2018: Summons - on Complaint
5/1/2018: Notice of Case Assignment - Limited Civil Case
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
DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, judgment entered on 05/28/2019 is vacated
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
DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018, Default entered on 12/07/2018, Vacated - .
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
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))
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
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)
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
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
DocketDefault entered as to Maria Luisa Sanchez; On the Complaint filed by Interinsurance Exchange of the Auto Club on 05/01/2018
DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant)
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
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Maria Luisa Sanchez (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
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.