On 05/29/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURNACE EXCHANGE against KAREN CELESTE FLORES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******7695
05/29/2018
Disposed - Judgment Entered
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURNACE EXCHANGE
JIMENEZ REYES RUIZ
FLORES KAREN CELESTE
5/29/2018: Civil Case Cover Sheet
5/29/2018: Summons - on Complaint
5/29/2018: Complaint
7/2/2018: Proof of Service by Substituted Service
7/2/2018: Proof of Service by Substituted Service
8/27/2018: Request for Entry of Default / Judgment
12/6/2018: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)
12/6/2018: Request for Dismissal - Request for Dismissal
12/6/2018: Declaration (name extension) - Declaration Declaration of Frank Mendoza
12/6/2018: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)
12/6/2018: Declaration (name extension) - Declaration Declaration of Deborah L. McClain...Several
12/6/2018: Declaration (name extension) - Declaration Declaration of Deborah L. McClain...Individual
12/6/2018: Declaration (name extension) - Declaration Declaration for Default Judgment Pursuant to CCP 585(d)
12/6/2018: Application (name extension) - Application Request for Court Judgment
2/13/2019: Judgment - Judgment
5/29/2018: Notice of Case Assignment - Limited Civil Case
DocketDefault judgment by Court entered for Plaintiff Interinsurance Exchange of the Automobile Club, an interinsurnace exchange against Defendant Karen Celeste Flores on the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurnace exchange on 05/29/2018 for the principal amount of $12,547.75, interest of $424.53, and costs of $570.00 for a total of $13,542.28, joint and several.
DocketDefault judgment by Court entered for Plaintiff Interinsurance Exchange of the Automobile Club, an interinsurnace exchange against Defendant Reyes Ruiz Jimenez on the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurnace exchange on 05/29/2018 for the principal amount of $5,000.00, interest of $169.17, and costs of $570.00 for a total of $5,739.17, joint and several.
DocketJudgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff)
DocketJudgment; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff)
DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 02/13/2019
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 02/13/2019
DocketUpdated -- Judgment: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff); Result: Granted; Result Date: 02/11/2019
DocketUpdated -- Judgment: Filed By: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff); Result: Granted; Result Date: 02/11/2019
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketDeclaration Declaration for Default Judgment Pursuant to CCP 585(d); Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff)
DocketDefault entered as to Karen Celeste Flores; Reyes Ruiz Jimenez; On the Complaint filed by Interinsurance Exchange of the Automobile Club, an interinsurnace exchange on 05/29/2018
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff); As to: Karen Celeste Flores (Defendant); Proof of Mailing Date: 06/11/2018; Service Cost: 100.00; Service Cost Waived: No
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff); As to: Reyes Ruiz Jimenez (Defendant); Proof of Mailing Date: 06/11/2018; Service Cost: 100.00; Service Cost Waived: No
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff); As to: Karen Celeste Flores (Defendant); Reyes Ruiz Jimenez (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurnace exchange (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC07695 Hearing Date: January 14, 2020 Dept: 94
MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
(CCP §§ 473(b), 187)
TENTATIVE RULING:
Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Judgment is DENIED.
ANALYSIS:
I. Background
On May 29, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Karen Celeste Flores (“Flores”) and Reyes Ruiz Jimenez (“Jimenez”) (collectively, “Defendants”). On August 27, 2018, default was entered against both Defendants. On February 13, 2019, default judgment was entered against both Defendants.
On November 13, 2019, Plaintiff filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”).
II. Legal Standard & Discussion
Plaintiff seeks to set aside default and default judgment against Judgment Jimenez
1. CCP 473(b)
Plaintiff argues that default and default judgment against Defendant Jimenez may be set aside based on the Plaintiff’s counsel’s affidavit of fault. (Mot., p. 3.) Specifically, counsel states she mistakenly believed Defendant Jimenez was the registered owner of the vehicle involved in the accident underlying the subrogation action, and through her “mistake inadvertence, surprise, and/or excusable neglect,” a Request for Entry of Default and Request for Default Judgment were filed with the Court. (Mot., McClain Decl., ¶ 4, 5.) In support, she cites Code of Civil Procedure, section 473, subdivisions (a), (b), and (d). However, only section (b) applies to motions to set aside based on attorney fault.
Code of Civil Procedure section 473, in pertinent part:
(Code Civ. Proc., § 473(b).) (Italics added.)
However, relief under this section is appropriate only for parties against whom a default or default judgment has been entered (i.e., a defendant). Thus, Code of Civil Procedure section 473, subdivision (b) is inapplicable here.
2. CCP 187
Code of Civil Procedure section 187 grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code. “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.” (Code Civ. Proc., § 187.)
Here, Plaintiff cites section 187 and concludes that the Court has the authority to set aside default and default judgment and enter grant Plaintiff’s request to dismiss Defendant Jimenez. (Mot., p. 4.) However, Plaintiff doesn’t cite any other supporting authority demonstrating that section 187 grants the Courts the power to set aside default and default judgment and thereafter dismiss a judgment debtor.
III. Conclusion & Order
For the foregoing reasons, Plaintiff Portfolio Recovery Associates, LLC’s Motion to Vacate Judgment is DENIED.
Moving party is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.