This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 08:19:33 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS JOHN TAYLOR WAGNER

Case Summary

On 09/20/2017 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against JOHN TAYLOR WAGNER. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1106

  • Filing Date:

    09/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • 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

WAGNER JOHN TAYLOR

Attorney/Law Firm Details

Plaintiff Attorney

MCCLAIN DEBORAH LORRAINE

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

6/6/2019: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

3/20/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 03/20/2019

3/20/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 03/20/2019

Summons - on Complaint

9/20/2017: Summons - on Complaint

Civil Case Cover Sheet

9/20/2017: Civil Case Cover Sheet

Complaint

9/20/2017: Complaint

Notice of Case Assignment - Limited Civil Case

9/20/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/23/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/12/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/11/2019
  • DocketNon-Jury Trial scheduled for 11/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/11/2019
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 06/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Party's Motion was rescheduled to 11/12/2019 08:30 AM

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  • 06/06/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 04/03/2019
  • DocketNon-Jury Trial scheduled for 06/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/03/2019
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 03/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 06/06/2019 08:30 AM

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  • 03/20/2019
  • DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 03/20/2019; Filed by: Clerk

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  • 03/20/2019
  • DocketMinute Order (Non-Jury Trial)

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

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  • 09/20/2017
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: John Taylor Wagner (Defendant)

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  • 09/20/2017
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 09/20/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/20/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/20/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 09/20/2017
  • DocketNon-Jury Trial scheduled for 03/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/20/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01106    Hearing Date: October 19, 2020    Dept: 25

HEARING DATE: Mon., October 19, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Interinsurance Exchange of the Automobile Club v. Wagner

CASE NUMBER: 17STLC01106 COMP. FILED: 09-20-17

NOTICE: OK DISMISSAL: 11-12-19

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

RESP. PARTY: None

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 November 12, 2019 is HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 15, 2020 [ ] Late [X] None

REPLY: None filed as of October 15, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 20, 2017, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed a complaint against Defendant John Taylor Wagner (“Defendant”).

A non-jury trial was scheduled for November 12, 2019. After the matter was placed on second call, and there being no appearances by either party by 9:42 a.m., the Court dismissed the action without prejudice. (11/12/19 Minute Order.)

On February 21, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal (the “Motion”), which was scheduled for hearing for April 15, 2020 at 10:30 a.m. On March 18, 2020, the Court, on its own motion, continued the hearing to August 5, 2020 at 10:30 a.m. (3/18/20 Notice re Continuance of Hearing and Order.) Plaintiff was ordered to give notice of the continuance and file a proof of service demonstrating it gave such notice. (Id.)

At the initial August 5, 2020 hearing, the Court noted that Plaintiff did not give notice of the March 18th continuance and, for this reason, continued the matter. (8/5/20 Minute Order.) On August 10, 2020, Plaintiff filed a Notice of Ruling demonstrating it gave Defendant notice of the continued hearing. (8/10/20 Notice of Hearing.)

No opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:3-6.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Plaintiff’s Motion is timely. It seeks to set aside the November 12, 2019 order dismissing the action due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 4:1-3.) Specifically, Plaintiff’s counsel states that he incorrectly calendared the trial date and, as a result, missed the hearing. (Id., McClain Decl., ¶ 4.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 12, 2019 is HEREBY VACATED.

Moving party is ordered to give notice.

Case Number: 17STLC01106    Hearing Date: August 05, 2020    Dept: 25

HEARING DATE: Wed., August 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Interinsurance Exchange of the Automobile Club v. Wagner

CASE NUMBER: 17STLC01106 COMP. FILED: 09-20-17

NOTICE: NO DISMISSAL: 11-12-19

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

RESP. PARTY: None

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 ON THE CONDITION THAT, before the hearing, Plaintiff files a proof of service demonstrating Defendant was given adequate notice of the March 18th continuance. If granted, the dismissal entered on November 12, 2019 will be vacated.

Otherwise, the hearing is CONTINUED TO OCTOBER 19, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 3, 2020 [ ] Late [X] None

REPLY: None filed as of August 20, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 20, 2017, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed a complaint for subrogation against Defendant John Taylor Wagner (“Defendant”).

A non-jury trial was scheduled for November 12, 2019. After the matter was placed on second call, and there being no appearances by either party by 9:42 a.m., the Court dismissed the case without prejudice. (11/12/19 Minute Order.)

On February 21, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal (the “Motion”), which was scheduled for hearing for April 15, 2020 at 10:30 a.m. On March 18, 2020, the Court, on its own motion, continued the hearing to August 5, 2020 at 10:30 a.m. (3/18/20 Notice re Continuance of Hearing and Order.) Plaintiff was ordered to give notice of the continuance and file a proof of service demonstrating it gave such notice. (Id.)

To date, Plaintiff has not filed a proof of service as to the continuance and Defendant has not filed an opposition to the Motion.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:3-6.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Plaintiff’s Motion is timely. It seeks to set aside the November 12, 2019 order dismissing the action due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 4:1-3.) Specifically, Plaintiff’s counsel states that he incorrectly calendared the trial date and, as a result, missed the hearing. (Mot., McClain Decl., ¶ 4.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the Court is inclined to grant the motion. However, as noted above, Plaintiff did not file a proof of service demonstrating it gave Defendant notice of the March 18th continuance. In the interest of judicial economy, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files a proof of service demonstrating it gave Defendant adequate notice of the continuance. Otherwise, the hearing will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files a proof of service demonstrating Defendant was given adequate notice of the March 18th continuance. If granted, the dismissal entered on November 12, 2019 will be vacated.

Otherwise, the hearing is CONTINUED TO OCTOBER 19, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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