This case was last updated from Los Angeles County Superior Courts on 10/06/2021 at 08:33:22 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS MOON SUNG

Case Summary

On 08/06/2020 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against MOON SUNG. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6572

  • Filing Date:

    08/06/2020

  • Case Status:

    Other

  • 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

SUNG MOON

Attorney/Law Firm Details

Plaintiff Attorneys

AGUIRRE JAMES

HORN STEVEN J.

 

Court Documents

Notice of Ruling - Notice of Ruling

9/24/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

9/20/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Minute Order - Minute Order (Court Order Re: Continuance of Motion Hearing)

8/18/2021: Minute Order - Minute Order (Court Order Re: Continuance of Motion Hearing)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Motion Hearing) of 08/18/2021

8/18/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Motion Hearing) of 08/18/2021

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

5/4/2021: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - Writ of Execution (Los Angeles)

5/24/2021: Writ of Execution - Writ of Execution (Los Angeles)

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

4/22/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

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

1/7/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

1/7/2021: 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

1/7/2021: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration Declaration of Beatriz Fuller

1/7/2021: Declaration (name extension) - Declaration Declaration of Beatriz Fuller

Proof of Service by Mail - Proof of Service by Mail

2/8/2021: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

9/15/2020: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

8/6/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/6/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/6/2020: First Amended Standing Order - First Amended Standing Order

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

8/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 10/05/2021
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from Moon Sung (Defendant) to Moon Sung (Defendant)

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  • 10/05/2021
  • DocketOrder to Show Cause Re: Dismissal scheduled for 11/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/05/2021

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  • 10/05/2021
  • DocketERROR with ROA message definition 129 with DismissalParty:2466972 resulted in empty message

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  • 09/29/2021
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 08/06/2020, entered Request for Dismissal with prejudice filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange as to the entire action

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  • 09/29/2021
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 08/06/2020, entered Request for Dismissal with prejudice filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange

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  • 09/24/2021
  • DocketCase reassigned to Spring Street Courthouse in Department 25 - Hon. Katherine Chilton; Reason: Inventory Transfer

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  • 09/24/2021
  • DocketNotice of Ruling; Filed by: Moon Sung (Defendant)

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  • 09/20/2021
  • DocketOrder to Show Cause Re: Dismissal scheduled for 11/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/20/2021
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 08/06/2020, Default entered on 10/21/2020, Vacated - .

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  • 09/20/2021
  • DocketUpdated -- On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 08/06/2020, judgment entered on 01/25/2021 is vacated

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29 More Docket Entries
  • 10/21/2020
  • DocketDefault entered as to Moon Sung; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 08/06/2020

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  • 09/15/2020
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Moon Sung (Defendant); Service Date: 09/05/2020; Service Cost: 100.00; Service Cost Waived: No

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  • 08/06/2020
  • DocketNon-Jury Trial scheduled for 02/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/10/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/06/2020
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Moon Sung (Defendant)

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  • 08/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Moon Sung (Defendant)

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  • 08/06/2020
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Moon Sung (Defendant)

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  • 08/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/06/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC06572 Hearing Date: September 20, 2021 Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT\r\nAND DEFAULT JUDGMENT

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MOVING PARTY: Defendant\r\nMoon Sung

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RESP. PARTY: None

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MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

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(Equitable Powers)

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TENTATIVE RULING:

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Defendant\r\nMoon Sung’s Motion to Set Aside Entry of Default and Default Judgment is\r\nGRANTED. Defendant is to file the request for dismissal executed by Plaintiff’s\r\ncounsel within ten (10) days of notice of this order.

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SERVICE: \r\n

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

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

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

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

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

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ANALYSIS:

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I. \r\nBackground\r\n

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On August 6, 2020, Plaintiff Interinsurance Exchange of\r\nthe Automobile Club (“Plaintiff”) filed an action against Defendant Moon Sung\r\n(“Defendant”). Following Defendant’s failure to respond, default was entered\r\nagainst her on October 21, 2020. A default judgment of $24,567.95 was entered\r\non January 25, 2021.

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Defendant filed the instant Motion to Set Aside Entry of\r\nDefault and Default Judgment (the “Motion”) on July 9, 2021. No opposition was\r\nfiled.

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II. \r\nLegal\r\nStandard & Discussion

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“When a default judgment\r\nhas been obtained, equitable relief may be given only in exceptional\r\ncircumstances.” (Rappleyea v. Campbell (1994)\r\n8 Cal.4th 975, 981.) (Italics in original.) “Even where relief is no longer\r\navailable under statutory provisions, a trial court generally retains the\r\ninherent power to vacate a default judgment…where a party establishes that the\r\njudgment or order was void for lack of due process or resulted from extrinsic\r\nfraud or mistake.” (County of San Diego\r\nv. Gorham (2010) 186 Cal.App.4th 1215, 1228.) “To set aside\r\na judgment based upon extrinsic mistake one must satisfy three\r\nelements. First, the defaulted party must demonstrate that it has a meritorious\r\ncase. Second, the party seeking to set aside the default must articulate a\r\nsatisfactory excuse for not presenting a defense to the original action. Last,\r\nthe moving party must demonstrate diligence in seeking to set aside the default\r\nonce ... discovered.” (Rappleyea v.\r\nCampbell, supra, 8 Cal.4th at p. 982.) \r\n

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Extrinsic fraud occurs when a party is deprived of the\r\nopportunity to present a claim or defense because it was kept in ignorance or\r\nwas in some other way fraudulently prevented from participating in the\r\nproceeding by the opposing party. (County\r\nof San Diego v. Gorham (2010) 186 Cal.App.4th at p. 1228-29.) Extrinsic\r\nmistake is “a term broadly applied when circumstances extrinsic to the\r\nlitigation have unfairly cost a party a hearing on the merits.” (Rappleyea v. Campbell (1994) 8 Cal.4th\r\n975 at p. 981.)

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“The law ‘favor[s] a hearing on the merits whenever\r\npossible, and…appellate courts are much more disposed to affirm an order which\r\ncompels a trial on the merits than to allow a default judgment to stand.’\r\n[Citation.]” (Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th\r\n1241, 1246.)

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Defendant references Code of Civil Procedure section 473,\r\nsubdivision (b), and argues she is entitled to relief on the basis that default\r\nand default judgment were entered due to Defendant’s mistake. (Mot., p. 4.)\r\nHowever, because this Motion was filed more than 6 months after default was\r\nentered on October 21, 2020, it is untimely. (Code Civ. Proc., subd. (b).)

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As for her equitable relief\r\nargument, Defendant submits her declaration explaining that, on May 30, 2019, she\r\nwas involved in an automobile accident. (Mot., Sung Decl., ¶ 2.) She reported\r\nthe accident to her insurance carrier, Bristol West, and was advised that “they\r\nwould take care of it.” (Id.) Defendant admits she was served with the\r\nSummons and Complaint on September 5, 2020, but mistakenly believed her insurer\r\nwould handle the matter and did not know her response was required. (Id. at\r\n¶ 3.) Further complicating the matter is the fact that Defendant is 77 years\r\nold with a language barrier. (Id.)

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Defendant’s counsel was notified of\r\nthe lawsuit and default judgment on May 12, 2021. (Id., Hamada Decl., ¶\r\n3.) Shortly thereafter, the parties reached a settlement in the amount of\r\n$17,000.00. (Id.) Defendant submits a letter sent to Plaintiff’s counsel\r\nconfirming the settlement as well as a copy of the settlement agreement. (Id.\r\nat ¶¶ 5-6, Exhs. A, B.)

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As for the meritorious case\r\nrequirement, Defendant argues she has affirmative defenses to the Complaint.\r\n(Mot., p. 6.) Although Defendant does not submit a copy of her proposed answer\r\nshe need not do so as she has submitted a copy of the request for dismissal of\r\nthe entire action executed by Plaintiff’s counsel that will be filed once the\r\ndefault and default judgment are set aside. (Id., Magnus Decl., ¶ 2,\r\nExh. C.)

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\r\n Accordingly, Defendant’s\r\nMotion is GRANTED.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant Moon Sung’s Motion to Set Aside\r\nEntry of Default and Default Judgment is GRANTED. Defendant is to file the\r\nrequest for dismissal executed by Plaintiff’s counsel within ten (10) days of\r\nnotice of this order.

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Moving party is ordered to give notice.\r\n

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