This case was last updated from Los Angeles County Superior Courts on 09/21/2021 at 00:24:26 (UTC).

PROGRESSIVE WEST INSURANCE COMPANY VS URIEL GONZALEZ AGUILAR, ET AL.

Case Summary

On 08/12/2020 PROGRESSIVE WEST INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against URIEL GONZALEZ AGUILAR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6786

  • Filing Date:

    08/12/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

PROGRESSIVE WEST INSURANCE COMPANY

Defendants

AGUILAR URIEL GONZALEZ

GONZALEZ ROSALBA

Attorney/Law Firm Details

Plaintiff Attorneys

NIVINSKUS MARK ROBERT ESQ.

NIVINSKUS MARK

 

Court Documents

Proof of Service by Mail - Amended Proof of Service by Mail as to Motion for Reconsideration

8/26/2021: Proof of Service by Mail - Amended Proof of Service by Mail as to Motion for Reconsideration

Order (name extension) - Order to Correct Clerical Error In Judgment and Amend Judgment Nun Pro Tunc

2/17/2021: Order (name extension) - Order to Correct Clerical Error In Judgment and Amend Judgment Nun Pro Tunc

Judgment - Amended Default Judgment (correcting name of Defendant Uriel Gonzalez Aguilar AKA Pedro Uriel Gonzalez - ONLY

7/28/2021: Judgment - Amended Default Judgment (correcting name of Defendant Uriel Gonzalez Aguilar AKA Pedro Uriel Gonzalez - ONLY

Minute Order - Minute Order (Hearing on Motion for Reconsideration for Payment of Fees, Fi...)

8/17/2021: Minute Order - Minute Order (Hearing on Motion for Reconsideration for Payment of Fees, Fi...)

Declaration (name extension) - Declaration of Mark R. Nivinskus

2/17/2021: Declaration (name extension) - Declaration of Mark R. Nivinskus

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

1/27/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

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

12/10/2020: 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

12/10/2020: Request for Dismissal - Request for Dismissal

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

10/29/2020: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

10/29/2020: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

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

9/30/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

9/30/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10/13/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

8/17/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Summons - Summons on Complaint

8/12/2020: Summons - Summons on Complaint

Complaint - Complaint

8/12/2020: Complaint - Complaint

17 More Documents Available

 

Docket Entries

  • 10/21/2021
  • Hearing10/21/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Reconsideration

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  • 08/26/2021
  • DocketAmended Proof of Service by Mail as to Motion for Reconsideration; Filed by: Uriel Gonzalez Aguilar (Defendant); Rosalba Gonzalez (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 08/17/2021
  • DocketHearing on Motion for Reconsideration for Payment of Fees, Filed by Self-Represented Defendants Uriel Gonzalez Aguilar and Rosalba Gonzalez scheduled for 10/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 08/17/2021
  • DocketMinute Order (Hearing on Motion for Reconsideration for Payment of Fees, Fi...)

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  • 08/17/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Reconsideration for Payment of Fees, Fi...) of 08/17/2021; Filed by: Clerk

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  • 08/17/2021
  • DocketOn the Court's own motion, Hearing on Motion for Reconsideration for Payment of Fees, Filed by Self-Represented Defendants Uriel Gonzalez Aguilar and Rosalba Gonzalez scheduled for 08/17/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 10/21/2021 10:00 AM

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  • 08/05/2021
  • DocketUpdated -- Motion for Reconsideration for Payment of Fees: As To Parties: Progressive West Insurance Company (Plaintiff)

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  • 08/05/2021
  • DocketUpdated -- Order to Correct Clerical Error In Judgment and Amend Judgment Nun Pro Tunc: As To Parties: Uriel Gonzalez Aguilar (Defendant), Rosalba Gonzalez (Defendant)

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  • 08/05/2021
  • DocketUpdated -- Order to Correct Clerical Error In Judgment and Amend Judgment Nun Pro Tunc: As To Parties: Uriel Gonzalez Aguilar (Defendant), Rosalba Gonzalez (Defendant)

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  • 08/05/2021
  • DocketUpdated -- Amended Default Judgment (correcting name of Defendant Uriel Gonzalez Aguilar AKA Pedro Uriel Gonzalez - ONLY: As To Parties changed from Uriel Gonzalez Aguilar (Defendant) to Uriel Gonzalez Aguilar (Defendant)

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43 More Docket Entries
  • 09/30/2020
  • DocketProof of Service by Substituted Service; Filed by: Progressive West Insurance Company (Plaintiff); As to: Uriel Gonzalez Aguilar (Defendant); Proof of Mailing Date: 09/16/2020; Service Cost: 94.00; Service Cost Waived: No

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  • 08/17/2020
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Progressive West Insurance Company (Plaintiff)

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  • 08/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/16/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/13/2020
  • DocketNon-Jury Trial scheduled for 02/09/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/13/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 08/12/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/12/2020
  • DocketSummons on Complaint; Issued and Filed by: Progressive West Insurance Company (Plaintiff); As to: Uriel Gonzalez Aguilar (Defendant); Rosalba Gonzalez (Defendant)

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  • 08/12/2020
  • DocketCivil Case Cover Sheet; Filed by: Progressive West Insurance Company (Plaintiff); As to: Uriel Gonzalez Aguilar (Defendant); Rosalba Gonzalez (Defendant)

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  • 08/12/2020
  • DocketComplaint; Filed by: Progressive West Insurance Company (Plaintiff); As to: Uriel Gonzalez Aguilar (Defendant); Rosalba Gonzalez (Defendant)

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC06786 Hearing Date: August 17, 2021 Dept: 26

Progressive West Ins.\r\nCo. v. Aguilar, et al. 20STLC06786

(??)

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TENTATIVE RULING:

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Defendants Uriel Gonzalez Aguilar\r\nand Rosalba Gonzalez’s Motion for Reconsideration is CONTINUED TO OCTOBER 19,\r\n2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Progressive West Insurance Company (“Plaintiff”) filed the\r\ninstant action for automobile subrogation against Defendants Uriel\r\nGonzalez Aguilar and Rosalba Gonzalez (“Defendants”) on August 12, 2020. On October 9, 2020, Defendants filed\r\nRequests to Waive Court Fees and an Answer to the Complaint. On October 13,\r\n2020, the Court denied the Requests to Waive Court Fees and notice was served\r\non Defendants by mail on the same date. On October 19, 2020, Defendants filed\r\nan Amended Answer. On October 29, 2020, the Court voided the Answer and the\r\nAmended Answer as to both Defendants.

Plaintiff entered Defendants’ default on November 23, 2020. Default\r\njudgment was then entered on January 4, 2021. Defendants filed the instant\r\nMotion for Reconsideration for Payment of Fees on February 4, 2021. No\r\nopposition has been filed to date.

Discussion

No proper proof of service of the Motion papers has been filed. The proof\r\nof service attached to the Motion states that the Motion for Reconsideration\r\nwas mailed on October 25, 2019, which was months before this action was filed. Failure\r\nto give notice of the Motion is a violation of the statutory requirements and\r\nof due process (Code Civ. Proc.,\r\n§ 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Additionally, the Motion does not\r\nindicate under what legal authority it is brought. As provided for in the\r\nCalifornia Rules of Court, the Motion “must contain a statement of facts, a\r\nconcise statement of the law, evidence and arguments relied on, and a\r\ndiscussion of the statutes, cases, and textbooks cited in support of the\r\nposition advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)

However, on its own motion, the\r\nCourt will reconsider whether Defendants should be deemed to have paid the\r\nfirst appearance fees and the action should be reinstated. (See Le Francois\r\nv. Goel (2005) 35 Cal.4th 1094, 1108 [“If a court believes one of its prior\r\ninterim orders was erroneous, it should be able to correct that error no matter\r\nhow it came to acquire that belief.”].)

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\nFollowing denial of their Requests for Fee Waiver,\r\nDefendants had ten days, plus five days for mailing, to make payment or request\r\na hearing. (Order on Court Fee Waiver, 10/13/20, ¶4(b)(1); Code Civ. Proc., §\r\n1013.) That deadline expired on October 28, 2020. Defendants present evidence\r\nthat they paid the first appearance fees by mailing checks numbered 178 and 179\r\nto the Court on October 19, 2020. (Motion, pp. 4-5.) Although difficult to make\r\nout, the copy of the United States Postal Service label submitted with the\r\nMotion is dated October 19, 2020 over the barcode. (Ibid.) Defendants\r\nalso attach a copy of a bank statement reflecting withdrawals from an account\r\n(no name is visible on the statement) based on the checks they made out to the\r\nCourt. (Id. at p. 6.) The withdrawals are dated October 30, 2020. Finally,\r\nthe Court’s own records corroborate that it received and cashed checks numbered\r\n178 and 179 on October 29, 2020.

Despite the checks being cashed\r\non October 29, 2020, the Court also voided Defendants Answer and Amended Answer\r\non the same date.

This evidence demonstrates that\r\nthe Court’s voiding of Defendants’ Answer and Amended Answer was improper. The\r\nCourt should not have both accepted Defendants’ first appearance fees and\r\nvoided their responsive pleading. Therefore, because the Court improperly\r\nvoided Defendants’ Answer and Amended Answer, the subsequent default and\r\ndefault judgment should not have been entered.

Plaintiff, however, is entitled\r\nto an opportunity to address the Motion and the Court’s basis for\r\nreconsideration. Accordingly, the hearing to reconsider Defendants’ payment of\r\nfirst appearance fees is continued to October 19, 2021 at 10:00 am in Department 26 in the Spring Street\r\nCourthouse. At least nine court days prior to hearing, Plaintiff may file and\r\nserve a response. No further briefing is permitted.

Conclusion

Defendants Uriel Gonzalez Aguilar\r\nand Rosalba Gonzalez’s Motion for Reconsideration for Payment of Fees is\r\nCONTINUED TO OCTOBER 19, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET\r\nCOURTHOUSE.

Court clerk to give notice to all\r\nparties.

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