This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:27:13 (UTC).

SAFECO INSURANCE COMPANY OF AMERICA, A CORPORATION VS CARLOS FIERRO, AN INDIVIDUAL

Case Summary

On 09/15/2017 SAFECO INSURANCE COMPANY OF AMERICA, A CORPORATION filed a Contract - Insurance lawsuit against CARLOS FIERRO, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1810

  • Filing Date:

    09/15/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

SAFECO INSURANCE COMPANY OF AMERICA A CORPORATION

Defendants

FIERRO AN INDIVIDUAL CARLOS

FIERRO DOUGLAS MARTIN AKA DOUGLAS MARTIN

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD FREDERICK

 

Court Documents

Motion to Vacate (name extension) - Motion to Vacate default judgment

8/13/2019: Motion to Vacate (name extension) - Motion to Vacate default judgment

Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

3/18/2019: Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

Ex Parte Application (name extension) - Ex Parte Application Notice of Ex Parte Application and Ex Parte Application to Vacate Default and Default Judgment

6/4/2019: Ex Parte Application (name extension) - Ex Parte Application Notice of Ex Parte Application and Ex Parte Application to Vacate Default and Default Judgment

Minute Order - Minute Order (Hearing on Ex Parte Application Notice of Ex Parte Applicatio...)

6/4/2019: Minute Order - Minute Order (Hearing on Ex Parte Application Notice of Ex Parte Applicatio...)

Request for Dismissal

8/13/2018: Request for Dismissal

Declaration (name extension) - CCP 1033

8/13/2018: Declaration (name extension) - CCP 1033

Judgment

8/13/2018: Judgment

Declaration (name extension) - CCP 585(d)

8/13/2018: Declaration (name extension) - CCP 585(d)

Declaration Pursuant to 585 CCP in Support of Default Judgment

8/13/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration (name extension) - Interest

8/13/2018: Declaration (name extension) - Interest

Proof of Service by Substituted Service

3/6/2018: Proof of Service by Substituted Service

Request for Dismissal

1/25/2018: Request for Dismissal

Request for Entry of Default / Judgment

7/18/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

4/13/2018: Request for Entry of Default / Judgment

Summons - on Complaint

9/15/2017: Summons - on Complaint

Civil Case Cover Sheet

9/15/2017: Civil Case Cover Sheet

Complaint

9/15/2017: Complaint

Notice of Case Assignment - Limited Civil Case

9/15/2017: Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 09/09/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)

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  • 08/13/2019
  • DocketMotion to Vacate default judgment; Filed by: Douglas Martin Fierro (Defendant)

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  • 08/13/2019
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/09/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/04/2019
  • DocketEx Parte Application Notice of Ex Parte Application and Ex Parte Application to Vacate Default and Default Judgment; Filed by: Douglas Martin Fierro (Defendant)

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  • 06/04/2019
  • DocketHearing on Ex Parte Application Notice of Ex Parte Application and Ex Parte Application to Vacate Default and Default Judgment scheduled for 06/04/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 06/04/2019
  • DocketMinute Order (Hearing on Ex Parte Application Notice of Ex Parte Applicatio...)

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  • 06/04/2019
  • DocketCertificate of Mailing for Minute Order (Hearing on Ex Parte Application Notice of Ex Parte Applicatio...) of 06/04/2019; Filed by: Clerk

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  • 06/04/2019
  • DocketHearing on Ex Parte Application Notice of Ex Parte Application and Ex Parte Application to Vacate Default and Default Judgment scheduled for 06/04/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/04/2019; Result Type to Held

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  • 03/18/2019
  • DocketCertificate of Facts re: Unsatisfied Judgment; Issued by: Safeco Insurance Company of America, a corporation (Plaintiff); As to: Douglas Martin Fierro (Defendant)

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  • 08/23/2018
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Clerk

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14 More Docket Entries
  • 03/06/2018
  • DocketProof of Service by Substituted Service; Filed by: Safeco Insurance Company of America, a corporation (Plaintiff); As to: Douglas Martin Fierro (Defendant); Proof of Mailing Date: 02/22/18; Service Cost: 335.61; Service Cost Waived: No

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  • 01/25/2018
  • DocketRequest for Dismissal; Filed by: Safeco Insurance Company of America, a corporation (Plaintiff); As to: Carlos Fierro, an individual (Defendant)

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  • 01/25/2018
  • DocketOn the Complaint filed by Safeco Insurance Company of America, a corporation on 09/15/2017, Request for dismissal Without Prejudice entered as to Carlos Fierro, an individual

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  • 09/15/2017
  • DocketComplaint; Filed by: Safeco Insurance Company of America, a corporation (Plaintiff); As to: Carlos Fierro, an individual (Defendant)

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  • 09/15/2017
  • DocketCivil Case Cover Sheet; Filed by: Safeco Insurance Company of America, a corporation (Plaintiff)

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  • 09/15/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/15/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/15/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/15/2017
  • DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/15/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01810    Hearing Date: November 04, 2019    Dept: 94

Safeco Ins. Co. v. Fierro, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Douglas Martin Fierro’s Motion to Vacate Default and Default Judgment is GRANTED.

ANALYSIS:

Plaintiff Safeco Insurance Company of America (“Plaintiff”) filed the instant action for automobile subrogation against Carlos Fierro and Douglas Martin Fierro (“Defendant”) on September 15, 2017. Plaintiff dismissed Carlos Fierro on January 25, 2018. Following Defendant’s failure to file a responsive pleading, the court entered his default on April 13, 2018 and his default judgment on August 13, 2018. Defendant filed a Motion to Vacate Default and Default Judgment on August 13, 2019. The Motion initially came for hearing on September 9, 2019, at which time the Court continued the matter due to lack of proper notice to Plaintiff and lack of substantive merit. Defendant filed an Amended Motion on October 11, 2019. To date, no opposition has been filed.

The Motion is brought pursuant to Code of Civil Procedure section 473, subdivision (d) and section 473.5. Under Code of Civil Procedure section 473, subdivision (d), “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) If the judgment is not void on its face, the time limitations of Code of Civil Procedure section 473.5 apply. (See Schekel v. Resnik (1994) 27 Cal.App.4th Supp. 1, 3-4 (“[t[he Rogers court held that the time limitation set forth in Code of Civil Procedure section 473.5 applies by analogy to motions for relief from a default judgment valid on its face but otherwise void because of improper service” (citing Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124).)

Code of Civil Procedure section 473.5, subdivision (a) provides: “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.

There is no indication that written notice of the entry of default or default judgment was provided to Defendant. As default judgment was entered on August 13, 2018 and this Motion brought exactly one year later, the Amended Motion is timely under both statutes.

Defendant must also demonstrate that the judgment is void for lack of proper service. On March 6, 2018, Plaintiff filed a proof of service of the Summons and Complaint indicating that Defendant was sub-served on February 22, 2018 at 7:03 pm at 2309 Gerhart, Monterey Park, California. (Proof of Service, filed 3/6/19, ¶¶4-5.) The papers were left with “Jane Doe” (Declined Name), Occupant (Person Apparently In Charge. (Ibid.) In the Amended Motion, Defendant presents evidence that he had not lived at the Gerhart address since 2004, and his correct address at the time of service was 5203 Saddle Creek Road, Hidden Hills, California. (Amended Motion, Fierro Decl., p. 3:5-9.) The Saddle Creek address was on record with both the Department of Motor Vehicles and the United States Postal Service. (Id. at p. 3:6-16 and Exhs. A-B.) As the Amended Motion is unopposed, there is no evidence from Plaintiff that the Gerhart address was a valid address at which to serve Defendant.

Second, Defendant brought this request for relief within a reasonable amount of time of receiving notice of the action in May 2019, when the Department of Motor Vehicles sent him a notice of suspension. (Id. at p. 5:14-19 and Exh. E.) Finally, Defendant has attached a copy of his proposed Answer. (Id. at Exh. G.) Based on the foregoing, Defendant’s Amended Motion to Vacate Default and Default Judgment is GRANTED. DEFENDANT TO FILE AND SERVE A COPY OF HIS ANSWER WITHIN TEN (10) DAYS.

Court clerk to give notice.