This case was last updated from Los Angeles County Superior Courts on 06/18/2020 at 00:05:20 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS CESAR JACI GONZALEZ LIZARRAGA

Case Summary

On 12/18/2018 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against CESAR JACI GONZALEZ LIZARRAGA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5008

  • Filing Date:

    12/18/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendant

GONZALEZ LIZARRAGA CESAR JACI

Attorney/Law Firm Details

Plaintiff Attorney

MCCLAIN DEBORAH

 

Court Documents

Judgment - Judgment Judgment

9/4/2019: Judgment - Judgment Judgment

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

1/17/2020: 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))

2/25/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

Request for Dismissal - Request for Dismissal

3/4/2020: Request for Dismissal - Request for Dismissal

Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

7/30/2019: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

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

7/31/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

7/31/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Declaration (name extension) - Declaration DECLARATION OF RICK VANSKIKE RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(d)

7/31/2019: Declaration (name extension) - Declaration DECLARATION OF RICK VANSKIKE RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(d)

Request for Dismissal - Request for Dismissal

7/31/2019: Request for Dismissal - Request for Dismissal

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

7/31/2019: 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

7/31/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

4/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

2/13/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

12/18/2018: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

12/18/2018: First Amended Standing Order - First Amended Standing Order

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

12/18/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

12/18/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/18/2018: Summons - Summons on Complaint

6 More Documents Available

 

Docket Entries

  • 03/06/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 05/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/06/2020

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  • 03/04/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/18/2018, entered Request for Dismissal without prejudice filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange as to the entire action

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  • 03/04/2020
  • DocketRequest for Dismissal; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)

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  • 02/25/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 05/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/25/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/18/2018, Default entered on 07/31/2019, Vacated - .

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  • 02/25/2020
  • DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/18/2018, judgment entered on 09/04/2019 is vacated

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  • 02/25/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/18/2018, judgment entered on 09/04/2019 as to Cesar Jaci Gonzalez Lizarraga is

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  • 02/25/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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  • 02/25/2020
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 02/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/25/2020; Result Type to Held - Motion Granted

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  • 01/22/2020
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 02/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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18 More Docket Entries
  • 02/13/2019
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant); Service Date: 01/26/2019; Service Cost: 150.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 12/21/2018
  • DocketNon-Jury Trial scheduled for 06/16/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/21/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/21/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 12/18/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)

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  • 12/18/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)

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  • 12/18/2018
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)

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  • 12/18/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/18/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC15008    Hearing Date: February 25, 2020    Dept: 26

Interinsurance Exchange of the Automobile Club v. Lizarraga, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Default and Default Judgment is GRANTED. Order to Show Cause re Dismissal set for May 27, 2020 at 8:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Cesar Jaci Gonzalez Lizarraga (“Defendant”) on December 18, 2018. Following Defendant’s failure to file a responsive pleading, the court entered his default on April 24, 2019. On July 30, 2019, Defendant filed a Notice of Stay of Proceedings (Bankruptcy). Despite the Notice of Stay, on July 31, 2019, Plaintiff filed a request for default judgment that the Court entered against Defendant on September 4, 2019.

Plaintiff filed the instant Motion to Vacate Default and Default Judgment on January 17, 2020. To date, no opposition has been filed.

The Motion is brought pursuant to Code of Civil Procedure section 473, subdivision (d): “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) There is no time limitation on a motion to set aside a void judgment. (Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co., Ltd. (2018) 24 Cal.App.5th 115, 137 (review granted on other grounds, 426 P.3d 303).) The Court finds the default judgment to be void in light of the Notice of Stay of Proceedings filed on July 30, 2019. Under Title 11, section 362 of the United States Code, an “automatic stay” arises when a petition is filed under any chapter of the Bankruptcy Code. No hearing, notice, or order is required before the automatic stay goes into effect. The Notice of Stay of Proceedings attached a copy of Defendant’s July 25, 2019 bankruptcy filing. Accordingly, any act by this Court after the automatic stay, and prior to an order vacating the stay, was null and void. The bankruptcy was not discharged until November 6, 2019. (Motion, McClain Decl., Exh. B.)

Based on the foregoing, Plaintiff’s Motion to Vacate Default and Default Judgment is GRANTED. Order to Show Cause re Dismissal set for May 27, 2020 at 8:30 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.