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This case was last updated from Los Angeles County Superior Courts on 05/28/2021 at 00:01:00 (UTC).

LAURA AMPARO VS RENEE ANDERSON

Case Summary

On 05/23/2018 LAURA AMPARO filed a Personal Injury - Motor Vehicle lawsuit against RENEE ANDERSON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7651

  • Filing Date:

    05/23/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

AMPARO LAURA

Defendant

ANDERSON RENEE

Attorney/Law Firm Details

Plaintiff Attorney

BASH STEVEN

Defendant Attorney

MALLORY GEORGE LORENZO

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Judicial Notice - Request for Judicial Notice

8/21/2020: Request for Judicial Notice - Request for Judicial Notice

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/2/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal; ...)

1/19/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal; ...)

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

2/9/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Notice (name extension) - Notice of Non-Opposition

3/9/2021: Notice (name extension) - Notice of Non-Opposition

Notice (name extension) - Notice of Entry of Order Setting Aside the Default

3/18/2021: Notice (name extension) - Notice of Entry of Order Setting Aside the Default

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

4/6/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Notice (name extension) - Notice of Non-Opposition to Demurrer

4/27/2021: Notice (name extension) - Notice of Non-Opposition to Demurrer

Order - Dismissal - Order - Dismissal

5/4/2021: Order - Dismissal - Order - Dismissal

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

5/4/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Proof of Service by Substituted Service

10/2/2018: Proof of Service by Substituted Service

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

1/14/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Civil Case Cover Sheet

5/23/2018: Civil Case Cover Sheet

Complaint

5/23/2018: Complaint

17 More Documents Available

 

Docket Entries

  • 05/11/2021
  • DocketNotice of Entry of Order Regarding Demurrer; Filed by: Renee Anderson (Defendant); As to: Laura Amparo (Plaintiff)

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  • 05/05/2021
  • DocketNon-Jury Trial scheduled for 03/17/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/05/2021

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  • 05/04/2021
  • DocketOn the Complaint filed by Laura Amparo on 05/23/2018, entered Order for Dismissal with prejudice as to the entire action

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  • 05/04/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 05/04/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 05/04/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/04/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/04/2021; Result Type to Held

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  • 04/27/2021
  • DocketNotice of Non-Opposition to Demurrer; Filed by: Renee Anderson (Defendant); As to: Laura Amparo (Plaintiff)

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  • 04/27/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 04/28/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 02/09/2021

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  • 04/07/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/04/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 04/06/2021
  • DocketRequest for Judicial Notice; Filed by: Renee Anderson (Defendant)

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28 More Docket Entries
  • 01/14/2019
  • DocketDefault entered as to Renee Anderson; On the Complaint filed by Laura Amparo on 05/23/2018

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  • 01/14/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Laura Amparo (Plaintiff); As to: Renee Anderson (Defendant)

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  • 10/02/2018
  • DocketProof of Service by Substituted Service; Filed by: Laura Amparo (Plaintiff); As to: Renee Anderson (Defendant); Proof of Mailing Date: 09/29/2018; Service Cost: 52.00; Service Cost Waived: No

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  • 05/23/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/23/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/23/2018
  • DocketCivil Case Cover Sheet; Filed by: Laura Amparo (Plaintiff)

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  • 05/23/2018
  • DocketComplaint; Filed by: Laura Amparo (Plaintiff); As to: Renee Anderson (Defendant)

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  • 05/23/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/23/2018
  • DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07651    Hearing Date: May 4, 2021    Dept: 26

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Dawnette Anderson’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

Plaintiff Laura Amparo (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Dawnette Anderson (erroneously sued as Renee Anderson) (“Defendant”) on May 23, 2018. The Complaint alleges a single cause of action for motor vehicle negligence arising from an accident that occurred on November 18, 2016. (Compl., MV-1.) Following Defendant’s failure to file a responsive pleading, the Court entered her default on January 14, 2019.

On March 17, 2021, the Court granted Defendant’s motion to vacate the entry of default and ordered Defendant to file a responsive pleading within 20 days. (Minute Order, 3/17/21.) On April 6, 2021, Defendant filed the instant Demurrer to the Complaint. No opposition has been filed to date.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Mallory, Jr. Decl., Exhs. G-H.) Defendant requests that the Court take judicial notice of the following documents: (1) The Government Claim of Plaintiff Laura Amparo regarding the incident that is the subject of this action, dated December 6, 2016 and received by the Los Angeles County Board of Supervisors on December 9, 2016; (2) Notice of Insufficiency of Claim provided to counsel for Plaintiff on December 12, 2016; (3) Notice of Rejection of Plaintiff’s Claim was provided to counsel for Plaintiff on December 28, 2016; (4) Plaintiff’s Amended Claim filed on January 20, 2017; and (5) Plaintiff’s Complaint filed on May 23, 2018. The request is granted pursuant to Cal. Evidence Code section 452, subdivisions (c) and (d). (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376.)

Defendant demurs to the Complaint for failure to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, the demurrer is brought for failure to allege compliance with the tort claims statute and failure to file the Complaint with the statute of limitations.

Causes of action for personal injuries against a public entity and its employees are only permitted by statute and the authorizing statute or statutes must be alleged in the Complaint. (Cal. Govt. Code, § 815, subd. (a); Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292.) As Defendant points out in the Demurrer, Plaintiff has not alleged a statutory basis for the motor vehicle cause of action. (Compl., ¶¶MV-1.)

Additionally, before a suit for damages may be filed against a public entity or its employee, the plaintiff must present a timely written claim for the damages to the public entity and the claim must have been acted upon by the board or deemed rejected. (Cal. Gov. Code, § 945.4.) Upon written notice of the rejection of the claim, the plaintiff must file a lawsuit for the cause of action upon which the claim is based within six months. (Cal. Gov. Code, § 945.6.) Plaintiff’s claim regarding the subject motor vehicle accident was rejected on December 28, 2016. (Demurrer, RJN, Exh. 3.) The deadline to file the Complaint, therefore, was June 28, 2017. The Complaint, however, was untimely filed on May 23, 2018. On the face of the pleadings and judicially noticeable facts, the Complaint is barred by the statute of limitations set forth in Cal. Government Code section 945.6.

Conclusion

Based on the foregoing and the lack of any opposition by Plaintiff, Defendant Dawnette Anderson’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

Case Number: 18STLC07651    Hearing Date: March 17, 2021    Dept: 26

Amparo v. Anderson, et al.

MOTION TO VACATE DEFAULT

(CCP § 473.5)

TENTATIVE RULING:

Defendant Dawnette Anderson’s Motion to Vacate Default is GRANTED.

DEFENDANT IS TO FILE AND SERVE THE RESPONSIVE PLEADING WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

TRIAL IS SET FOR MARCH 17, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Laura Amparo (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Dawnette Anderson (erroneously sued as Renee Anderson) (“Defendant”) on May 23, 2018. Following Defendant’s failure to file a responsive pleading, the Court entered her default on January 14, 2019.

Plaintiff filed a second proof of service of the Summons and Complaint with respect to Defendant on August 5, 2020. Defendant sought to file a demurrer on August 21, 2020 and motion to compel discovery responses on December 2, 2020. At the January 19, 2021 hearing on the Motions to Compel, the Court noted that Defendant was in default and placed the motions off calendar.

Defendant filed the instant Motion to Vacate Default (“the Motion”) on February 9, 2021. To date, no opposition has been filed.  

Discussion

The request to vacate the default is brought pursuant to Code of Civil Procedure section 473.5, subdivision (a), which states:

When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.

(Code Civ. Proc., § 473.5, subd. (a).) Default was entered on January 14, 2019. No notice of the default was apparently served on Defendant, nor has default judgment been entered. Therefore, the only limit on the filing of the Motion is that is be “within a reasonable time.” Defendant did not know about this action until August 2020, and did not realize she was in default until the hearing on January 19, 2021. The Motion, therefore, was reasonanbly filed less than one month later and the Court finds it is timely.

Defendant must also demonstrate that the “lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect” and must attach a copy of the proposed responsive pleading to the Motion. (Code Civ. Proc., § 473.5, subd. (b), (c).) The Motion is supported by Defendant’s declaration in which she states that she was unaware of the default until January 2021 and that the service upon which default was entered was not at any address where she lived or did business. (Motion, Amparo Decl., ¶2 and Exh. 2.) The proof of service supporting the entry of default was filed on October 2, 2018. It states that Defendant was sub-served by leaving the papers at 11301 Monitor Ave, Los Angeles, California. (Proof of Service, filed 10/2/18, ¶¶4-5.) Defendant, however, has never lived at or operated any business from the service address and does not know the person to whom the papers were delivered. (Id. at ¶¶2-3.) Plaintiff has tacitly admitted that this service was improper by re-serving Defendant, personally, on July 24, 2020. (Proof of Service, filed 8/5/20.) Therefore, Defendant has demonstrated that the “lack of actual notice in time to defend the action was not caused by her avoidance of service or inexcusable neglect.” Finally, a copy of Defendant’s proposed responsive pleading is attached to the Motion. (Motion, Exh. 5.) The Court finds that Defendant has met all the criteria for relief from entry of default under Code of Civil Procedure section 473.5.

Conclusion

Defendant Dawnette Anderson’s Motion to Vacate Default is GRANTED.

DEFENDANT IS TO FILE AND SERVE THE RESPONSIVE PLEADING WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

TRIAL IS SET FOR MARCH 17, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

Case Number: 18STLC07651    Hearing Date: January 19, 2021    Dept: 26

Amparo v. Anderson, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Motion Compelling Plaintiff to Respond to Form Interrogatories and for Monetary Sanctions is PLACED OFF CALENDAR.

Hearing on Demurrer is advanced from January 28, 2021 to this date and vacated.

The Order to Show Cause Re: Entry of Default Judgment/Dismissal remains scheduled for January 19, 2021 at 9:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

Plaintiff Laura Amparo (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Dawnette Anderson (erroneously named Renee Anderson) (“Defendant”) on May 23, 2018. Following Defendant’s failure to file a responsive pleading, the Court entered her default on January 14, 2019.

Plaintiff filed a second proof of service of the Summons and Complaint with respect to Defendant on August 5, 2020. On August 21, 2020, Defendant filed a Demurrer to the Complaint, which is set for hearing on January 28, 2021. On December 20, 2020, Defendant filed the instant Motion to Compel Responses to Form Interrogatories and Request for Sanctions. To date, no opposition has been filed.

Defendant, being in default as of January 14, 2019, is out of court and can file no papers save a motion to vacate the entry of default. (See Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301.) The Court hereby strikes the instant Motion to Compel, as well as the Demurrer and all supporting papers.

The Motion to Compel is placed off calendar.

The hearing on the Demurrer is advanced from January 28, 2021 to this date and vacated.

The Order to Show Cause Re: Entry of Default Judgment/Dismissal remains scheduled for January 19, 2021 at 9:30 am in Department 26 in the Spring Street Courthouse.

Plaintiff to give notice.

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