On 11/01/2017 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Contract - Insurance lawsuit against HECTOR MORESENO, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Judgment Entered.
*******3699
11/01/2017
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
ELAINE LU
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE
MORESENO AN INDIVIDUAL HECTOR
MORESENO AN INDIVIDUAL HECTOR AKA HECTOR MORENO JR. AKA HECTOR MORENO
HAINES TODD FREDERICK
30495 Canwood St #100,
Agoura Hills, CA 91301
3/12/2020: Minute Order - Minute Order (Hearing on Motion for Order (Motion to Include Additional Nam...)
4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/22/2020: Notice (name extension) - Notice of Continuance of the Motion to Include Additional Names to Writ and AOJ
9/28/2020: Minute Order - Minute Order (Hearing on Motion for Order (Motion to Include Additional Nam...)
10/13/2020: Declaration (name extension) - Declaration in Support of Affidavit of Identity and Order
10/15/2020: Affidavit of Identity and Order - Affidavit of Identity and Order Hector Moreseno AKA Hector Moreno Jr.; Hector Moreno
2/22/2019: Certificate of Facts re: Unsatisfied Judgment (plus Certified Judgment) - Certificate of Facts re: Unsatisfied Judgment
8/30/2018: Notice (name extension) - of Ruling
4/9/2018: Notice of Settlement - of Entire Case
8/13/2018: Judgment
8/13/2018: Minute Order - (Hearing on Motion to Vacate dismissal)
8/13/2018: Notice of Entry of Judgment / Dismissal / Other Order
6/29/2018: Motion to Vacate (name extension) - dismissal
4/30/2018: Request for Dismissal
4/11/2018: Certificate of Mailing for - Minute Order (Court Order re Notice of (Conditional) Settlement of Entire C...) of 04/11/2018
4/11/2018: Minute Order - (Court Order re Notice of (Conditional) Settlement of Entire C...)
11/1/2017: Civil Case Cover Sheet
11/1/2017: Complaint
DocketAffidavit of Identity and Order Hector Moreseno AKA Hector Moreno Jr. Hector Moreno; Signed and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)
DocketDeclaration in Support of Affidavit of Identity and Order; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)
DocketUpdated -- Motion re: to Include Additional Names to Writ of Execution or Abstract of Judgment: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Result: Denied; Result Date: 09/28/2020
DocketMinute Order (Hearing on Motion for Order (Motion to Include Additional Nam...)
DocketHearing on Motion for Order (Motion to Include Additional Names to Writ of Judgment or Abstract of Judgment) scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held - Motion Denied
DocketNotice of Continuance of the Motion to Include Additional Names to Writ and AOJ; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Motion for Order (Motion to Include Additional Names to Writ of Judgment or Abstract of Judgment) scheduled for 07/22/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/28/2020 10:00 AM
DocketNotice Re Continuance of Hrg and Order; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketNotice of Settlement of Entire Case; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); Settlement Type: Conditional; Vacate Future Dates: No
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant); Proof of Mailing Date: 01/08/2018; Service Cost: 60.61; Service Cost Waived: No
DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 05/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Case Number: 17STLC03699 Hearing Date: September 28, 2020 Dept: 26
Interinsurance
Exchange of the Automobile Club v. Moreseno, et al. ANALYSIS: Plaintiff Interinsurance Exchange
of the Automobile Club (hereafter “Judgment Creditor”) filed the instant action
for automobile subrogation against Defendant Hector Moreseno (hereafter
“Judgment Debtor”). On August 13, 2018, the Court entered judgment in favor of
Judgment Creditor and against Judgment Debtor. On June 14, 2019, Judgment
Creditor filed an Affidavit of Identity and Order contending that Judgment
Debtor is also known by the names Hector Moreno, Jr. and Hector Moreno.
(Affidavit of Identity, filed 6/14/19.) The Affidavit of Identity was rejected
on the same date with instructions that Judgment Creditor was to proceed by
noticed motion. Judgment Creditor filed the
instant Motion to Include Additional Names of Judgment Debtor on the Writ of
Execution or Abstract of Judgment (“Motion”) on October 15, 2019. The Motion
initially came for hearing on March 12, 2020, at which time the Court continued
the matter for further briefing. (Minute Order, 3/12/20.) Specifically, the
Court ordered Judgment Creditor to provide further evidence that Judgment
Debtor was correctly named and served in this action as Hector Moreseno in the
first instance. (Ibid.) To date, however, no supplemental
papers have been filed. Judgment Creditor was warned that failure to comply
with the Court’s orders may result in the Motion being placed off calendar or
denied. Additionally, following multiple continuances of the hearing date,
Judgment Creditor was instructed to give notice of the new hearing date to
Judgment Debtor. However, no proof of service of the continued hearing date has
been filed with the Court demonstrating that Judgment Debtor was given notice
of the September 24, 2020 hearing date. Based on these defects in notice
of the hearing date and in the substantive merits of the Motion, Judgment
Creditor Interinsurance Exchange of the Automobile Club’s Motion to Include
Additional Names of Judgment Debtor on Writ of Execution or Abstract of
Judgment’s is DENIED. Moving party to give notice.
Case Number: 17STLC03699 Hearing Date: March 12, 2020 Dept: 26
Interinsurance Exchange of the Automobile Club v. Moreseno, et al.
MOTION TO INCLUDE ADDITIONAL NAMES OF JUDGMENT DEBTOR ON WRIT OF EXECUTION OR ABSTRACT OF JUDGMENT
(CCP § 680.135)
TENTATIVE RULING:
Judgment Creditor Interinsurance Exchange of the Automobile Club’s Motion to Include Additional Names of Judgment Debtor on Writ of Execution or Abstract of Judgment’s is CONTINUED TO MAY 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Interinsurance Exchange of the Automobile Club (hereafter “Judgment Creditor”) filed the instant action for automobile subrogation against Defendant Hector Moreseno (hereafter “Judgment Debtor”). On August 13, 2018, the Court entered judgment in favor of Judgment Creditor and against Judgment Debtor. On June 14, 2019, Judgment Creditor filed an Affidavit of Identity and Order contending that Judgment Debtor is also known by the names Hector Moreno, Jr. and Hector Moreno. (Affidavit of Identity, filed 6/14/19.) The Affidavit of Identity was rejected on the same date with instructions that Judgment Creditor was to proceed by noticed motion.
Judgment Creditor filed the instant Motion to Include Additional Names of Judgment Debtor on Writ of Execution or Abstract of Judgment on October 15, 2019. To date, no opposition has been filed.
Discussion
Judgment Creditor moves to add additional purported names of Judgment Debtor to the writ of execution or abstract of judgment pursuant to Code of Civil Procedure section 680.135, which states:
“Affidavit of Identity” means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor's additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.
(Code Civ. Proc., § 680.135.) The declaration confusingly states that “Plaintiff obtained default judgment against Defendant Hector Moreseno on August 13, 2018. As to Defendant Perez, the name of the judgment debtor as stated in the judgment is: HECTOR MORESENO, an individual.” (Motion, Tapper Decl., Exh. A at ¶2 (emphasis added).) The declaration in support of the Affidavit of Identity goes on to state that “Plaintiff submitted a request to suspend Defendant Jarecki's drivers license … .” (Id. at Exh. A at ¶3 (emphasis added).) As there are no Defendants by the names of Perez or Jarecki in this action, these statements make no sense.
Judgment Creditor also provides a copy of a Department of Motor Vehicles’ Driver Record Information for driver’s license number F7455200, but the supporting declaration states the record is for driver’s license number F5597214. (Id. at Exh. A at ¶5 and Exh. A.) No information is provided to demonstrate which driver’s license pertains to Judgment Debtor. Finally, Judgment Creditor contends that it ran a LexisNexis Accurint Search as to Judgment Debtor when in fact the search terms were for the address 9240 Balfour Street, Pico Rivera, California, 90660. (Id. at Exh A at ¶6 and Exh. B.) The LexisNexis Accurint Search shows that address is good for “Hector Moreno,” “Hector Moreno, Jr.” and “Hector J. Moreno, Jr.” (Ibid.) The Balfour address is where Judgment Debtor was sub-served with the Summons and Complaint. (Proof of Service, filed 1/22/18.) That the address where Judgment Debtor was served matches the address on the LexisNexis Accurint Search is the strongest evidence that Judgment Debtor is also known as “Hector Moreno,” “Hector Moreno, Jr.” and “Hector J. Moreno, Jr.”
However, the Court is concerned as to whether Judgment Debtor has been sued by the correct name. The LexisNexis Accurint Search does not show that any person by the name “Hector Moreseno” is associated with the Balfour address. Judgment Creditor, therefore, must demonstrate to the Court that Judgment Debtor is correctly named in this action.
Based on the foregoing, the hearing on Motion to Include Additional Names of Judgment Debtor on Writ of Execution or Abstract of Judgment is CONTINUED TO MAY 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL PAPERS DEMONSTRATING THAT JUDGMENT DEBTOR IS CORRECTLY NAMED IN THIS ACTION. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.
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