This case was last updated from Los Angeles County Superior Courts on 09/21/2021 at 06:55:51 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS MARIA JOSE RUIZ, ET AL.

Case Summary

On 09/04/2018 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Motor Vehicle lawsuit against MARIA JOSE RUIZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1375

  • Filing Date:

    09/04/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendants

RUIZ MARIA JOSE

CORADO DIMAS O.

Attorney/Law Firm Details

Plaintiff Attorney

MCCLAIN DEBORAH LORRAINE

 

Court Documents

Default Judgment - Amended Default Judgment (Amended)

9/13/2021: Default Judgment - Amended Default Judgment (Amended)

Minute Order - Minute Order (Hearing on Motion to Amend Judgment - Default Judgment Entere...)

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

Notice of Ruling - Notice of Ruling

8/18/2021: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration Declaration of Deborah L. McClain re: Calculation of Inters for Drive Maria Jose Ruiz

11/23/2020: Declaration (name extension) - Declaration Declaration of Deborah L. McClain re: Calculation of Inters for Drive Maria Jose Ruiz

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

11/23/2020: 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

11/23/2020: 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

11/23/2020: Request for Dismissal - Request for Dismissal

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

11/23/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

12/2/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Default Judgment - Default Judgment

12/21/2020: Default Judgment - Default Judgment

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

6/11/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

6/11/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

3/4/2020: Proof of Personal Service - Proof of Personal Service

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

3/4/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet

9/4/2018: Civil Case Cover Sheet

Complaint

9/4/2018: Complaint

Summons - on Complaint

9/4/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

9/4/2018: Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 09/13/2021
  • DocketUpdated -- Judgment amended on 09/13/2021 ; Status Date changed from 12/21/2020 to 09/13/2021 ; Interest changed from 393.88 to 472.72 ; Damages changed from 7,943.87 to 9,533.89 ; Status changed from Entered to Amended

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  • 09/13/2021
  • DocketAmended Default Judgment; Signed and Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Maria Jose Ruiz (Defendant)

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  • 09/01/2021
  • DocketUpdated -- Amended Default Judgment: Filed By: Interinsurance Exchange of the Automobile Club (Plaintiff); Result: Granted; Result Date: 09/01/2021

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  • 08/18/2021
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 08/17/2021
  • DocketUpdated -- Motion to Amend Default Judgment, Entered Against Defendant Maria Jose Ruiz on 12/21/2020 to Correct Clerical Error (CCP 473(d)): Filed By: Interinsurance Exchange of the Automobile Club (Plaintiff); Result: Granted; Result Date: 08/17/2021

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  • 08/17/2021
  • DocketMinute Order (Hearing on Motion to Amend Judgment - Default Judgment Entere...)

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  • 08/17/2021
  • DocketHearing on Motion to Amend Judgment - Default Judgment Entered Against Defendant Maria Jose Ruiz on 12/21/2020 to Correct Clerical Error (CCP 473(d)) scheduled for 08/17/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/17/2021; Result Type to Held - Motion Granted

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  • 08/11/2021
  • DocketUpdated -- Motion to Amend Default Judgment to Correct Clerical Error (CCP 473(d)): Document changed from Notice of Motion to Motion to Amend Judgment; Exact Name: Motion to Amend Default Judgment to Correct Clerical Error (CCP 473(d)); As To Parties: Maria Jose Ruiz (Defendant)

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  • 08/11/2021
  • DocketUpdated -- Motion to Amend Default Judgment, Entered Against Defendant Maria Jose Ruiz on 12/21/2020 to Correct Clerical Error (CCP 473(d)): Exact Name changed from Motion to Amend Default Judgment to Correct Clerical Error (CCP 473(d)) to Motion to Amend Default Judgment, Entered Against Defendant Maria Jose Ruiz on 12/21/2020 to Correct Clerical Error (CCP 473(d)); As To Parties: Maria Jose Ruiz (Defendant)

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  • 08/11/2021
  • DocketHearing on Motion to Amend Judgment - Default Judgment Entered Against Defendant Maria Jose Ruiz on 12/21/2020 to Correct Clerical Error (CCP 473(d)) scheduled for 08/17/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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38 More Docket Entries
  • 03/03/2020
  • DocketNon-Jury Trial scheduled for 03/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/03/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 07/09/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 03/03/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 09/04/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Maria Jose Ruiz (Defendant); Dimas O. Corado (Defendant)

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  • 09/04/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 09/04/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/04/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/04/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 09/04/2018
  • DocketNon-Jury Trial scheduled for 03/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/04/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

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Case Number: 18STLC11375 Hearing Date: August 17, 2021 Dept: 26

Interinsurance\r\nExchange v. Ruiz, et al. 18STLC11375

MOTION\r\nTO AMEND JUDGMENT

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(CCP\r\n§ 473(d))

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TENTATIVE RULING:

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Plaintiff / Judgment Creditor\r\nInterinsurance Exchange of the Automobile Club’s Motion to Amend Judgment Nunc\r\nPro Tunc is GRANTED.

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PROPOSED AMENDED JUDGMENT TO BE\r\nFILED WITHIN TEN (10) DAYS OF THIS ORDER.

ANALYSIS:

Interinsurance\r\nExchange of the Automobile Club (“Judgment Creditor”) filed the instant action\r\nfor automobile subrogation against Maria Jose Ruiz and Dimas O. Corado (“Judgment\r\nDebtors”) on September 4, 2018. Default judgment was entered against Judgment\r\nDebtor Ruiz on December 21, 2020 in the amount of $7,943.87 principal and\r\n$393.88 interest. Judgment Creditor now moves to amend the judgment on the\r\ngrounds that the amounts set forth were in error and should have been $9,533.89 principal and $472.72 interest. The\r\nMotion to Amend Judgment was filed on April 8, 2021 and is unopposed.

Discussion

Courts have inherent powers to\r\ncorrect judgments by a nunc pro tunc order where there has been clerical error\r\nby clerk or by the judge himself, or where some provision of, or omission from,\r\norder or judgment was due to inadvertence, or mistake of court. (Lane v.\r\nSuperior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; Code Civ.\r\nProc., § 473, subd. (d).) This includes clerical errors when made by an\r\nattorney who drafts the judgment. (See In re Marriage of Kaufman (1980)\r\n101 Cal.App.3d 147, 151.) However, while a trial court may correct clerical\r\nerrors and misprisions in a judgment, it cannot amend a judgment once entered,\r\nif the error to be corrected is a judicial one, for instance if it embodies an\r\nintentional action of the court even though legally erroneous. (Kamper v.\r\nMark Hopkins, Inc. (1947) 78 Cal App 2d 885.)

Judgment Creditor has shown that\r\nthe principal amount set forth in the request for default judgment was a\r\nclerical error by its attorney. (Motion, McClain Decl., ¶¶4-5.) The Complaint\r\nseeks principal damages of $9,533.89. (Compl.,\r\np. 4:4-5.) The amount of damages was also proved in Plaintiff’s request for\r\ndefault judgment, by the supporting 585 declaration. (Decl. for Default\r\nJudgment, filed 11/23/20, ¶13 and Exh. 3.) The amount on the request for\r\ndefault judgment form, which was entered by the Court, failed to include\r\nthe rental car and deductible amounts. (Ibid.)

Accordingly, the request to amend the default\r\njudgment is granted. The default judgment amount is amended from $7,943.87\r\nprincipal and $393.88 interest to $9,533.89\r\nprincipal and $472.72 interest.

Conclusion

Plaintiff / Judgment Creditor\r\nInterinsurance Exchange of the Automobile Club’s Motion to Amend Judgment Nunc\r\nPro Tunc is GRANTED.

PROPOSED AMENDED JUDGMENT TO BE\r\nFILED WITHIN TEN (10) DAYS OF THIS ORDER.

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