This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 15:33:31 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS ORLANDO NAVARRO, ET AL.

Case Summary

On 02/06/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB against ORLANDO NAVARRO 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:

    *******2240

  • Filing Date:

    02/06/2018

  • 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

ELAINE LU

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendants

NAVARRO ORLANDO

JARAMILLO MARICELA

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/06/2019

8/6/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/06/2019

Minute Order - Minute Order (Non-Jury Trial)

8/6/2019: Minute Order - Minute Order (Non-Jury Trial)

Request for Entry of Default / Judgment

8/31/2018: Request for Entry of Default / Judgment

Proof of Service by Substituted Service

7/20/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

7/20/2018: Proof of Service by Substituted Service

Summons - on Complaint

2/6/2018: Summons - on Complaint

Civil Case Cover Sheet

2/6/2018: Civil Case Cover Sheet

Complaint

2/6/2018: Complaint

Notice of Case Assignment - Limited Civil Case

2/6/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/06/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 08/06/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 08/06/2019; Filed by: Clerk

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  • 08/06/2019
  • DocketOn the Complaint filed by Interinsurance Exchange of the Automobile Club on 02/06/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 08/06/2019
  • DocketNon-Jury Trial scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/06/2019; Result Type to Held

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  • 08/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 08/06/2019

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  • 08/31/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Orlando Navarro (Defendant); Maricela Jaramillo (Defendant)

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  • 08/31/2018
  • DocketDefault entered as to Orlando Navarro; Maricela Jaramillo; On the Complaint filed by Interinsurance Exchange of the Automobile Club on 02/06/2018

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  • 07/20/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Orlando Navarro (Defendant); Proof of Mailing Date: 07/03/2018; Service Cost: 100.00; Service Cost Waived: No

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  • 07/20/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Maricela Jaramillo (Defendant); Proof of Mailing Date: 07/03/2018; Service Cost: 100.00; Service Cost Waived: No

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 02/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/07/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 02/07/2018
  • DocketNon-Jury Trial scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/06/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Orlando Navarro (Defendant); Maricela Jaramillo (Defendant)

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  • 02/06/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 02/06/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2018
  • DocketUpdated -- Summons on Complaint: Status Date changed from 02/07/2018 to 02/06/2018; Name Extension changed from on Complaint to on Complaint

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Tentative Rulings

Case Number: 18STLC02240    Hearing Date: December 02, 2019    Dept: 94

Interinsurance Exchange of the Automobile Club v. Navarro, et al.

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal of the Action is GRANTED. THE DISMISSAL ENTERED ON AUGUST 6, 2019 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DEFAULT JUDGMENT / DISMISSAL SET FOR FEBRUARY 3, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On February 6, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Orlando Navarro (“Defendant”). Following his failure to file a responsive pleading, Plaintiff obtained entry of default against Defendant on August 31, 2018. Despite entry of default, the trial date was not taken off calendar, nor was an Order to Show Cause Re: Default Judgment / Dismissal scheduled. When Plaintiff failed to appear at trial on August 6, 2019, the Court dismissed the action without prejudice. Plaintiff filed the instant Motion to Vacate Dismissal on October 9, 2019. To date, no opposition has been filed.

Plaintiff seeks relief from the dismissal pursuant to Code of Civil Procedure, section 473, subdivision (b). 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.)

The Motion is timely brought less than six months after dismissal of the action and supported by an attorney affidavit of fault. Plaintiff’s attorney explains that she failed to appear at trial due to a calendaring error. (Motion, McClain Decl., ¶¶4-5.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on August 6, 2019 is hereby vacated.

Order to Show Cause Re: Default Judgment / Dismissal set for February 3, 2020 at 10:30 am in Department 94.

Moving party to give notice.