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.
*******5008
12/18/2018
Other
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE
GONZALEZ LIZARRAGA CESAR JACI
MCCLAIN DEBORAH
9/4/2019: Judgment - Judgment Judgment
1/17/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
2/25/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))
3/4/2020: Request for Dismissal - Request for Dismissal
7/30/2019: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)
7/31/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)
7/31/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees
7/31/2019: Declaration (name extension) - Declaration DECLARATION OF RICK VANSKIKE RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(d)
7/31/2019: Request for Dismissal - Request for Dismissal
7/31/2019: Request for Entry of Default / Judgment - Request for Entry 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
4/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
2/13/2019: Proof of Personal Service - Proof of Personal Service
12/18/2018: Complaint - Complaint
12/18/2018: First Amended Standing Order - First Amended Standing Order
12/18/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/18/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
12/18/2018: Summons - Summons on Complaint
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
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
DocketRequest for Dismissal; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)
DocketOrder to Show Cause Re: Dismissal scheduled for 05/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26
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 - .
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
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
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))
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
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
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
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketNon-Jury Trial scheduled for 06/16/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)
DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Cesar Jaci Gonzalez Lizarraga (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.