This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 11:17:05 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS JUAN LUIS LOPEZ DAZA

Case Summary

On 09/08/2020 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against JUAN LUIS LOPEZ DAZA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7591

  • Filing Date:

    09/08/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendant

LOPEZ DAZA JUAN LUIS

Attorney/Law Firm Details

Plaintiff Attorney

AGUIRRE JAMES

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

9/14/2021: Proof of Service by Mail - Proof of Service by Mail

Judgment - Judgment Amended Judgment

9/1/2021: Judgment - Judgment Amended Judgment

Minute Order - Minute Order (Hearing on Motion to Amend Judgment)

8/17/2021: Minute Order - Minute Order (Hearing on Motion to Amend Judgment)

Notice of Motion - Notice of Motion TO AMEND DEFAULT JUDGMENT TO CORRECT CLERICAL

4/1/2021: Notice of Motion - Notice of Motion TO AMEND DEFAULT JUDGMENT TO CORRECT CLERICAL

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

2/5/2021: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

2/5/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

2/5/2021: Request for Dismissal - Request for Dismissal

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

2/5/2021: 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

2/5/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

2/5/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Default Judgment - Default Judgment

3/2/2021: Default Judgment - Default Judgment

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

12/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

9/8/2020: Summons - Summons on Complaint

Complaint - Complaint

9/8/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

9/8/2020: First Amended Standing Order - First Amended Standing Order

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

9/8/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 09/14/2021
  • DocketProof of Service by Mail; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 09/01/2021
  • DocketJudgment Amended Judgment; Signed and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 08/17/2021
  • DocketMinute Order (Hearing on Motion to Amend Judgment)

    Read MoreRead Less
  • 08/17/2021
  • DocketHearing on Motion to Amend Judgment scheduled for 08/17/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/17/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 08/13/2021
  • DocketHearing on Motion to Amend Judgment scheduled for 08/17/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/01/2021
  • DocketNotice of Motion TO AMEND DEFAULT JUDGMENT TO CORRECT CLERICAL; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

    Read MoreRead Less
  • 03/02/2021
  • DocketDefault judgment by Court entered for Plaintiff Interinsurance Exchange of the Automobile Club, an interinsurance exchange against Defendant Juan Luis Lopez Daza on the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 09/08/2020 for damages of $5,437.84, interest of $238.96, and costs of $399.00 for a total of $6,075.80.

    Read MoreRead Less
  • 03/02/2021
  • DocketDefault Judgment; Signed and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 03/02/2021
  • DocketUpdated -- Default Judgment: As To Parties changed from Juan Luis Lopez Daza (Defendant) to Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 03/02/2021
  • DocketNon-Jury Trial scheduled for 03/08/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/02/2021

    Read MoreRead Less
10 More Docket Entries
  • 12/09/2020
  • DocketDefault entered as to Juan Luis Lopez Daza; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 09/08/2020

    Read MoreRead Less
  • 10/09/2020
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant); Proof of Mailing Date: 10/05/2020; Service Cost: 174.00; Service Cost Waived: No

    Read MoreRead Less
  • 09/08/2020
  • DocketNon-Jury Trial scheduled for 03/08/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/12/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/08/2020
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 09/08/2020
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 09/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Juan Luis Lopez Daza (Defendant)

    Read MoreRead Less
  • 09/08/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/08/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 09/08/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC07591 Hearing Date: August 17, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO AMEND DEFAULT JUDGMENT TO CORRECT CLERICAL ERROR

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff\r\nInterinsurance Exchange of the Automobile Club

\r\n\r\n

RESP. PARTY: None

\r\n\r\n

\r\n\r\n

MOTION TO AMEND JUDGMENT

\r\n\r\n

(CCP §§ 187; 473)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Plaintiff Interinsurance Exchange of\r\nthe Automobile Club’s Motion to Amend Default Judgment to Correct Clerical\r\nError is GRANTED. The case number on the default judgment is HEREBY CORRECTED\r\nTO 20STLC07591.

\r\n\r\n

\r\n\r\n

SERVICE: \r\n

\r\n\r\n

\r\n\r\n

[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

\r\n\r\n

[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

\r\n\r\n

[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of August\r\n16, 2021 [ ] Late [X]\r\nNone

\r\n\r\n

REPLY: None filed as of\r\nAugust 16, 2021 [ ] Late [X] None

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

I. \r\nBackground

\r\n\r\n

\r\n\r\n

On September 8, 2020, Plaintiff Interinsurance Exchange\r\nof the Automobile Club (“Plaintiff”) filed an action against Juan Luis Lopez\r\nDaza (“Defendant”) seeking damages of $5,437.84.

\r\n\r\n

Default was\r\nentered against Defendant on December 9, 2020. Thereafter, a default judgment\r\nof $6,075.80 was entered against Defendant on March 2, 2021.

\r\n\r\n

\r\n\r\n

Plaintiff filed the instant Motion to Amend Default\r\nJudgment to Correct Clerical Error (the “Motion”). No opposition was filed.

\r\n\r\n

\r\n\r\n

II. \r\nLegal\r\nStandard

\r\n\r\n

\r\n\r\n

Code of Civil Procedure, section 187\r\nstates: “[w]hen jurisdiction is, by the\r\nConstitution or this Code, or by any other statute, conferred on a Court or\r\njudicial officer, all the means necessary to carry it into effect are also\r\ngiven; and in the exercise of this jurisdiction, if the course of proceeding be\r\nnot specifically pointed out by this Code or the statute, any suitable process\r\nor mode of proceeding may be adopted which may appear most conformable to the spirit\r\nof this code.“Section 187 contemplates\r\namending a judgment by noticed motion. [Citations.] The court is not required\r\nto hold an evidentiary hearing on a motion to amend a judgment but may rule on\r\nthe motion based solely on declarations and other written evidence.\r\n[Citation.]” (Highland Springs Conference & Training Center v. City of\r\nBanning (2016) 244 Cal.App.4th 267, 280.) “In the interests of justice, the ‘‘‘greatest liberality\r\nis to be encouraged’’’ in the allowance of amendments brought pursuant to Code\r\nof Civil Procedure section 187. [Citation.]” (Wells Fargo Bank, N.A. v.\r\nWeinberg (2014) 227 Cal.App.4th 1, 7.)

\r\n\r\n

\r\n\r\n

In addition, courts have inherent\r\npowers to correct judgments by a nunc pro tunc order where there has been a clerical\r\nerror by the clerk or by the judge himself, or where some provision of, or\r\nomission from, order or judgment was due to inadvertence, or mistake of court.\r\n(Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165,\r\n219; Code Civ. Proc., § 473, subd. (d).) This includes clerical errors when\r\nmade by an attorney who drafts the judgment. (See In re Marriage of Kaufman\r\n(1980) 101 Cal.App.3d 147, 151.) However, while a trial court may correct\r\nclerical errors and misprisions in a judgment, it cannot amend a judgment once\r\nentered, if the error to be corrected is a judicial one, for instance, if it\r\nembodies an intentional action of the court even though legally erroneous. (Kamper\r\nv. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.)

\r\n\r\n

\r\n\r\n

III. \r\nDiscussion\r\n

\r\n\r\n

\r\n\r\n

Plaintiff seeks to correct an error in the default\r\njudgment form submitted by Plaintiff and signed by the Court on March 2. (Mot.,\r\np. 3.) Plaintiff’s counsel explains that his office listed the incorrect case\r\nnumber on the request for entry of default form submitted to the Court on\r\nFebruary 5. (Mot., p. 4, Aguirre Decl., ¶¶ 4-6.) Specifically, the default\r\njudgment form incorrectly lists Case No. 19STLC07591 instead of Case No.\r\n20STLC07591. (Id.)

\r\n\r\n

\r\n\r\n

As Plaintiff has demonstrated that the default judgment\r\nsigned by the Court includes an incorrect case number, the Motion is GRANTED.

\r\n\r\n

\r\n\r\n

IV. \r\nConclusion\r\n& Order

\r\n\r\n

\r\n\r\n

For the foregoing reasons, P Plaintiff\r\nInterinsurance Exchange of the Automobile Club’s Motion to Amend Default\r\nJudgment to Correct Clerical Error is GRANTED. The case number on the default\r\njudgment is HEREBY CORRECTED TO 20STLC07591.

\r\n\r\n

\r\n\r\n

Moving party is ordered to give\r\nnotice.

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where INTERINSURANCE EXCHANGE OF THE AUTO CLUB is a litigant

Latest cases represented by Lawyer AGUIRRE JAMES H.