This case was last updated from Los Angeles County Superior Courts on 10/06/2019 at 03:53:07 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE VS SHAYNE WEST

Case Summary

On 03/27/2019 a Contract - Insurance case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE against SHAYNE WEST 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:

    *******3027

  • Filing Date:

    03/27/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INSURANCE EXCHANGE

Defendant

WEST SHAYNE

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/6/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019

9/6/2019: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019

Notice of Settlement - Notice of Settlement

7/8/2019: Notice of Settlement - Notice of Settlement

Answer - Answer

4/29/2019: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

4/30/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

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

5/9/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

3/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

3/27/2019: Summons - Summons on Complaint

Complaint - Complaint

3/27/2019: Complaint - Complaint

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

3/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/27/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 09/06/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 09/06/2019
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019; Filed by: Clerk

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  • 09/06/2019
  • DocketOn the Complaint filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE on 03/27/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 09/06/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/06/2019; Result Type to Held

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  • 07/08/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/08/2019
  • DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019

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  • 07/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019

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  • 07/08/2019
  • DocketNotice of Settlement; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); Vacate Future Dates: No

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  • 05/09/2019
  • DocketProof of Service by Substituted Service; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant); Proof of Mailing Date: 04/23/2019; Service Cost: 120.00; Service Cost Waived: No

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  • 04/30/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: SHAYNE WEST (Defendant); Result: Granted; Result Date: 04/30/2019; As To Parties: SHAYNE WEST (Defendant)

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1 More Docket Entries
  • 04/29/2019
  • DocketRequest to Waive Court Fees; Filed by: SHAYNE WEST (Defendant)

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  • 04/29/2019
  • DocketAnswer; Filed by: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/27/2019
  • DocketComplaint; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketCivil Case Cover Sheet; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketSummons on Complaint; Issued and Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)

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  • 03/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/27/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03027    Hearing Date: January 21, 2020    Dept: 26

: Interinsurance Exchange of the Automobile Club v. West, et al.

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

PLAINTIFF INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB’S MOTION TO SET ASIDE DISMISSAL IS GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 6, 2019 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.

ANALYSIS:

On March 27, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Shayne West (“Defendant”). On July 8, 2019, Plaintiff filed a Notice of Settlement of Entire Case. The Court set an OSC re dismissal and entry of default for September 6, 2019. When no party appeared for the OSC, the Court dismissed the entire action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on November 20, 2019. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal 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.)

The Motion is timely brought six months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that he mis-calendared the OSC. (Motion, Tapper Decl., ¶¶2-4.) Plaintiff also demonstrates that the parties have reached a settlement in this action. (Id. at ¶2.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 6, 2019 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.

Moving party to give notice.