This case was last updated from Los Angeles County Superior Courts on 11/28/2019 at 00:42:45 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, VS AZURE MARCHAY PENA, ET AL.

Case Summary

On 05/29/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB against AZURE MARCHAY PENA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7776

  • Filing Date:

    05/29/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendants

VARRO MICHAEL

PENA AZURE MARCHAY

Long Beach, CA 90810

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD FREDERICK

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

11/26/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/26/2019

11/26/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/26/2019

Notice of Ruling - Notice of Ruling

8/16/2019: Notice of Ruling - Notice of Ruling

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

3/15/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

5/16/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Compel (name extension) - Motion to Compel Motion to Compel Answers to Form Interrogatories

5/16/2019: Motion to Compel (name extension) - Motion to Compel Motion to Compel Answers to Form Interrogatories

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

8/7/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Answer

6/29/2018: Answer

Order on Court Fee Waiver (Superior Court)

6/29/2018: Order on Court Fee Waiver (Superior Court)

Proof of Personal Service

6/20/2018: Proof of Personal Service

Proof of Service by Substituted Service

6/20/2018: Proof of Service by Substituted Service

Complaint

5/29/2018: Complaint

Summons - on Complaint

5/29/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

5/29/2018: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 11/26/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 11/26/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/26/2019; Filed by: Clerk

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  • 11/26/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club, on 05/29/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 11/26/2019
  • DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/26/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 11/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/26/2019

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  • 08/16/2019
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club, (Plaintiff)

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  • 08/07/2019
  • DocketUpdated -- Motion to Deem RFA's Admitted: Filed By: Interinsurance Exchange of the Automobile Club, (Plaintiff); Result: Granted; Result Date: 08/07/2019

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  • 08/07/2019
  • DocketUpdated -- Motion to Compel Motion to Compel Answers to Form Interrogatories: Filed By: Interinsurance Exchange of the Automobile Club, (Plaintiff); Result: Granted; Result Date: 08/07/2019

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  • 08/07/2019
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 08/07/2019
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/07/2019; Result Type to Held - Motion Granted

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10 More Docket Entries
  • 06/29/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Azure Marchay Pena (Defendant)

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  • 06/20/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, (Plaintiff); As to: Michael Varro (Defendant); Proof of Mailing Date: 06/07/18; Service Cost: 60.63; Service Cost Waived: No

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  • 06/20/2018
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, (Plaintiff); As to: Azure Marchay Pena (Defendant); Service Date: 06/12/18; Service Cost: 59.00; Service Cost Waived: No

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  • 05/29/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, (Plaintiff); As to: Azure Marchay Pena (Defendant); Michael Varro (Defendant)

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  • 05/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, (Plaintiff)

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  • 05/29/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/29/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/29/2018
  • DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2018
  • 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

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Tentative Rulings

Case Number: 18STLC07776    Hearing Date: February 18, 2020    Dept: 25

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED.

ANALYSIS:

  1. Background

On May 29, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Azure Marshay Pena (“Pena”) and Michael Varro (“Varro”). Defendant Pena filed an Answer on June 29, 2018. Default was entered against Defendant Varro on March 15, 2019.

On November 26, 2019, the case was scheduled for a non-jury trial. After being placed on second call and there being no appearances by either side by 9:44 a.m., the Court dismissed the entire case without prejudice. (11/26/19 Minute Order.)

On December 19, 2019, Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard & Discussion

Plaintiffs seek relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 1.) Under this statute, an application for relief must be made no more than six months after entry of the order 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 as it was filed only twenty-three days after dismissal was entered. Plaintiff seeks to set aside the Court’s November 26, 2019 dismissal due to Plaintiff’s counsel’s inadvertence and mistake. (Mot., Tapper Decl., ¶ 6.) Specifically, Plaintiff’s counsel states that on the same day trial was scheduled, he also had a mediation scheduled in the City of Orange. (Id. at ¶ 4.) He intended to have a special appearance attorney attend the trial, but states he inadvertently and mistakenly forgot to set that up. (Id. at ¶¶ 4, 6.)

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

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED.

Moving party is ordered to give notice.