This case was last updated from Los Angeles County Superior Courts on 10/07/2021 at 11:20:01 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS NANCY OROSCO, ET AL.

Case Summary

On 12/09/2020 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against NANCY OROSCO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0269

  • Filing Date:

    12/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendants

OROSCO NANCY

TESTA SAMORA CARLOS J.

Attorney/Law Firm Details

Other Attorneys

MCCLAIN DEBORAH L.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

8/31/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Minute Order - Minute Order (Nunc Pro Tunc Order)

9/7/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 08/31/2021

8/31/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 08/31/2021

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

9/2/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

9/2/2021: Proof of Personal Service - Proof of Personal Service

Notice of Ruling - Notice of Ruling

9/2/2021: Notice of Ruling - Notice of Ruling

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

7/28/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

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

2/11/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

2/11/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

1/4/2021: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/4/2021: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

12/9/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/9/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

12/9/2020: First Amended Standing Order - First Amended Standing Order

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

12/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 12/13/2023
  • Hearing12/13/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/08/2022
  • Hearing06/08/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/07/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 09/02/2021
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 09/02/2021
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant); Service Date: 07/01/2021; Service Cost: 100.00; Service Cost Waived: No

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  • 09/02/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant)

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  • 09/02/2021
  • DocketDefault entered as to Nancy Orosco; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/09/2020

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  • 08/31/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 08/31/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 08/31/2021; Filed by: Clerk

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  • 08/31/2021
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurance exchange on 12/09/2020, Default entered on 02/11/2021, Vacated - .

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8 More Docket Entries
  • 01/04/2021
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Carlos J. Testa Samora (Defendant); Service Date: 12/24/2020; Service Cost: 100.00; Service Cost Waived: No

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  • 01/04/2021
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant); Service Date: 12/24/2020; Service Cost: 100.00; Service Cost Waived: No

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  • 12/09/2020
  • DocketNon-Jury Trial scheduled for 06/08/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/13/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/09/2020
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant); Carlos J. Testa Samora (Defendant)

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  • 12/09/2020
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant); Carlos J. Testa Samora (Defendant)

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  • 12/09/2020
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Nancy Orosco (Defendant); Carlos J. Testa Samora (Defendant)

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  • 12/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/09/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC10269 Hearing Date: August 31, 2021 Dept: 26

Interinsurance Exchange v. Orosco, et al 20STLC10269

MOTION TO VACATE ENTRY OF DEFAULT

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(CCP § 473(b))

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TENTATIVE RULING:

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Plaintiff Interinsurance Exchange of\r\nthe Automobile Club’s Motion to Vacate Entry of Default is GRANTED. THE DEFAULT\r\nAGAINST NANCY OROSCO ENTERED ON FEBRUARY 11, 2021 IS HEREBY VACATED.

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PLAINTIFF IS TO FILE THE AMENDED PROOF\r\nOF SERVICE WITHIN FIVE (5) DAYS OF THIS ORDER.

ANALYSIS:

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On December 9, 2020, Plaintiff\r\nInterinsurance Exchange of the Automobile Club (“Plaintiff”)\r\nfiled this action for automobile subrogation against Defendants Nancy Orosco\r\n(“Defendant Orosco”) and Carlos J. Testa Samora\r\n(“Defendant Samora”). Following Defendants’\r\nfailure to respond to the Complaint, Plaintiff entered their default on\r\nFebruary 11, 2021.

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Plaintiff filed\r\nthe instant Motion to Vacate Entry of Default as to Defendant Orosco on July\r\n28, 2021. No opposition has been filed to date.

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Discussion

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Plaintiff moves to vacate the default entered against\r\nDefendant Orosco pursuant to Code of Civil Procedure, section 473, subdivision\r\n(b). Under this statute, an application for relief must be made no more than\r\nsix months after entry of the order from which relief is sought and must be accompanied\r\nby an affidavit of fault attesting to the mistake, inadvertence, surprise or\r\nneglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd.\r\n(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)\r\nThe Motion is brought pursuant to the mandatory provision for relief based on\r\nattorney fault.

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The Motion was timely brought\r\nless than six months after the default was entered and is supported by an\r\nattorney affidavit of fault. Plaintiff’s attorney explains that due to an error\r\nin the database used to locate Defendant Orosco’s address, the wrong “Nancy\r\nOrosco” was served in this action. (Motion, McClain Decl., ¶¶5-6.) The correct\r\n“Nancy Orosco” has since been served with the Summons and Complaint. (Id.\r\nat ¶6 and Exh. B.) Based on the timely motion supported by an attorney\r\naffidavit of fault, the default entered against Defendant Orosco on February\r\n11, 2021 is hereby vacated under Code of Civil Procedure, section 473,\r\nsubdivision (b).

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Conclusion

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Plaintiff Interinsurance Exchange of\r\nthe Automobile Club’s Motion to Vacate Entry of Default is GRANTED. THE DEFAULT\r\nAGAINST NANCY OROSCO ENTERED ON FEBRUARY 11, 2021 IS HEREBY VACATED.

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PLAINTIFF IS TO FILE THE AMENDED PROOF\r\nOF SERVICE WITHIN FIVE (5) DAYS OF THIS ORDER.

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Moving party to give notice.

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