This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 14:15:05 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS HECTOR MORESENO, AN INDIVIDUAL

Case Summary

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, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3699

  • Filing Date:

    11/01/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendant

MORESENO AN INDIVIDUAL HECTOR

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD FREDERICK

30495 Canwood St #100,

Agoura Hills, CA 91301

 

Court Documents

Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

2/22/2019: Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

Notice (name extension) - of Ruling

8/30/2018: Notice (name extension) - of Ruling

Notice of Settlement - of Entire Case

4/9/2018: Notice of Settlement - of Entire Case

Judgment - PURSUANT TO STIPULATION

6/29/2018: Judgment - PURSUANT TO STIPULATION

Judgment

8/13/2018: Judgment

Minute Order - (Hearing on Motion to Vacate dismissal)

8/13/2018: Minute Order - (Hearing on Motion to Vacate dismissal)

Notice of Entry of Judgment / Dismissal / Other Order

8/13/2018: Notice of Entry of Judgment / Dismissal / Other Order

Proof of Service by Substituted Service

1/22/2018: Proof of Service by Substituted Service

Motion to Vacate (name extension) - dismissal

6/29/2018: Motion to Vacate (name extension) - dismissal

Request for Dismissal

4/30/2018: Request for Dismissal

Certificate of Mailing for - Minute Order (Court Order re Notice of (Conditional) Settlement of Entire C...) of 04/11/2018

4/11/2018: Certificate of Mailing for - Minute Order (Court Order re Notice of (Conditional) Settlement of Entire C...) of 04/11/2018

Minute Order - (Court Order re Notice of (Conditional) Settlement of Entire C...)

4/11/2018: Minute Order - (Court Order re Notice of (Conditional) Settlement of Entire C...)

Summons - on Complaint

11/1/2017: Summons - on Complaint

Civil Case Cover Sheet

11/1/2017: Civil Case Cover Sheet

Complaint

11/1/2017: Complaint

Notice of Case Assignment - Limited Civil Case

11/1/2017: Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 02/22/2019
  • DocketCertificate of Facts re: Unsatisfied Judgment; Issued by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)

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  • 09/11/2018
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Clerk

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  • 08/30/2018
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 08/13/2018
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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  • 08/13/2018
  • DocketJudgment; Filed by: Clerk

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  • 08/13/2018
  • DocketMinute Order (Hearing on Motion to Vacate dismissal)

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  • 08/13/2018
  • DocketHearing on Motion to Vacate dismissal scheduled for 08/13/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/13/2018; Result Type to Held - Motion Granted

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  • 08/13/2018
  • DocketCourt orders judgment entered for Plaintiff Interinsurance Exchange of the Automobile Club, an interinsurance exchange against Defendant Hector Moreseno, an individual on the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 11/01/2017 for the principal amount of $3,533.11, interest of $634.99, and costs of $285.61 for a total of $4,453.71.

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  • 08/13/2018
  • DocketDismissal entered on 04/30/2018, as to entire action is Vacated - .

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  • 06/29/2018
  • DocketMotion to Vacate dismissal; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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12 More Docket Entries
  • 04/09/2018
  • 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

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 01/22/2018
  • 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

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  • 11/01/2017
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Hector Moreseno, an individual (Defendant)

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  • 11/01/2017
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 11/01/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/01/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/01/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 11/01/2017
  • DocketNon-Jury Trial scheduled for 05/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 11/01/2017
  • 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

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Tentative Rulings

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.

Moving party to give n