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This case was last updated from Los Angeles County Superior Courts on 01/31/2020 at 06:14:43 (UTC).

MERCURY INSURANCE COMPANY VS JOSE RODRIGUEZ

Case Summary

On 04/30/2019 MERCURY INSURANCE COMPANY filed a Contract - Other Contract lawsuit against JOSE RODRIGUEZ. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4221

  • Filing Date:

    04/30/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

MERCURY INSURANCE COMPANY

Defendant and Cross Plaintiff

RODRIGUEZ JOSE

Attorney/Law Firm Details

Plaintiff Attorneys

NIVINSKUS MARK

CASTRONOVO TOD MICHAEL

Defendant Attorney

FINESTONE ALAN E

 

Court Documents

Request for Dismissal - Request for Dismissal

1/17/2020: Request for Dismissal - Request for Dismissal

Answer - Answer

9/27/2019: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

9/27/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Request for Dismissal - Request for Dismissal

8/9/2019: Request for Dismissal - Request for Dismissal

Declaration re: Due Diligence - Declaration re: Due Diligence

6/7/2019: Declaration re: Due Diligence - Declaration re: Due Diligence

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

6/7/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Cross-Complaint - Cross-Complaint

6/13/2019: Cross-Complaint - Cross-Complaint

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

6/13/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Answer - Answer

6/13/2019: Answer - Answer

Complaint - Complaint

4/30/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/30/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

4/30/2019: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 01/27/2020
  • DocketNon-Jury Trial scheduled for 10/27/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/27/2020

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  • 01/27/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/03/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/27/2020

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  • 01/17/2020
  • DocketOn the Complaint filed by Mercury Insurance Company on 04/30/2019, entered Request for Dismissal without prejudice filed by Mercury Insurance Company as to the entire action

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  • 01/17/2020
  • DocketRequest for Dismissal; Filed by: Mercury Insurance Company (Plaintiff); As to: Jose Rodriguez (Defendant)

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  • 09/27/2019
  • DocketAnswer; Filed by: Mercury Insurance Company (Plaintiff)

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  • 09/27/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Mercury Insurance Company (Plaintiff)

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  • 08/12/2019
  • DocketOn the Cross-Complaint filed by Jose Rodriguez on 06/13/2019, entered Request for Dismissal with prejudice filed by Jose Rodriguez as to Mercury Insurance Company

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  • 08/09/2019
  • DocketRequest for Dismissal; Filed by: Jose Rodriguez (Cross-Complainant); As to: Mercury Insurance Company (Cross-Defendant)

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  • 06/13/2019
  • DocketAnswer; Filed by: Jose Rodriguez (Defendant); As to: Mercury Insurance Company (Plaintiff)

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  • 06/13/2019
  • DocketCross-Complaint; Filed by: Jose Rodriguez (Cross-Complainant); As to: Mercury Insurance Company (Cross-Defendant)

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1 More Docket Entries
  • 06/07/2019
  • DocketDeclaration re: Due Diligence; Filed by: Mercury Insurance Company (Plaintiff); As to: Jose Rodriguez (Defendant)

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  • 06/07/2019
  • DocketProof of Service by Substituted Service; Filed by: Mercury Insurance Company (Plaintiff); Proof of Mailing Date: 05/21/2019; Service Cost: 69.00; Service Cost Waived: No

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  • 05/01/2019
  • DocketNon-Jury Trial scheduled for 10/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/30/2019
  • DocketComplaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Jose Rodriguez (Defendant)

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  • 04/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Mercury Insurance Company (Plaintiff); As to: Jose Rodriguez (Defendant)

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  • 04/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Jose Rodriguez (Defendant)

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  • 04/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04221    Hearing Date: September 22, 2020    Dept: 26

Mercury Ins. Co. v. Rodriguez, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Mercury Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jose Rodriguez (“Defendant”) on April 30, 2019. On June 13, 2019, Defendant filed a Cross-Complaint against Plaintiff. On January 17, 2020, Plaintiff filed a request for dismissal of the entire action with prejudice. The dismissal was entered effective January 17, 2020.

Plaintiff filed the instant Motion to Vacate Dismissal on June 4, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on January 17, 2020 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 six months after dismissal of the action and supported by an attorney declaration of fault. Plaintiff’s attorney declares that he mistakenly believed a global settlement had been reached and dismissed this action prior to receiving Defendant’s first payment check. (Motion, Nivinskus Decl., ¶¶2-3 and Exh. 1.) Defense counsel has not responded to Plaintiff’s counsel’s efforts to resolve the issue. (Id. at ¶4 and Exh. 2.) Plaintiff, therefore, seeks to reinstate the case in order to continue its prosecution against Defendant.

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 JANUARY 17, 2020 IS HEREBY VACATED.

TRIAL DATE IS SET FOR JANUARY 26, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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