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This case was last updated from Los Angeles County Superior Courts on 06/26/2020 at 21:47:49 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DAVID OJEDA, ET AL.

Case Summary

On 01/24/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Other Personal Injury lawsuit against DAVID OJEDA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0750

  • Filing Date:

    01/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

LARGO CONCRETE INC.

MORALES MATTHEW DBA SOUTHLAND TRUCKS INC.

OJEDA DAVID

WALTON CONSTRUCTION INC.

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

 

Court Documents

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

2/13/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

2/13/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

1/24/2020: First Amended Standing Order - First Amended Standing Order

Declaration (name extension) - Declaration DECLARATION OF VENUE

1/24/2020: Declaration (name extension) - Declaration DECLARATION OF VENUE

Summons - Summons on Complaint

1/24/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

1/24/2020: Complaint - Complaint

 

Docket Entries

  • 01/27/2023
  • Hearing01/27/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/23/2021
  • Hearing07/23/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/13/2020
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: WALTON CONSTRUCTION, INC. (Defendant); Proof of Mailing Date: 02/06/2020; Service Cost: 89.50; Service Cost Waived: No

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  • 02/13/2020
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LARGO CONCRETE, INC. (Defendant); Proof of Mailing Date: 02/06/2020; Service Cost: 79.50; Service Cost Waived: No

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  • 01/24/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DAVID OJEDA (Defendant); MATTHEW MORALES (Defendant); LARGO CONCRETE, INC. (Defendant) et al.

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  • 01/24/2020
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DAVID OJEDA (Defendant); MATTHEW MORALES (Defendant); LARGO CONCRETE, INC. (Defendant) et al.

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  • 01/24/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DAVID OJEDA (Defendant); MATTHEW MORALES (Defendant); LARGO CONCRETE, INC. (Defendant) et al.

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  • 01/24/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DAVID OJEDA (Defendant); MATTHEW MORALES (Defendant); LARGO CONCRETE, INC. (Defendant) et al.

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  • 01/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/24/2020
  • DocketNon-Jury Trial scheduled for 07/23/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC00750    Hearing Date: April 14, 2021    Dept: 25

HEARING DATE: Wed., April 14, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Insurance Co. v. Ojeda, et al.

CASE NUMBER: 20STLC00750 COMPL. FILED: 01-24-20

NOTICE: OK DISMISSAL: 07-23-20

PROCEEDINGS: MOTION TO VACATE DISMISSAL

MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 12, 2021 [ ] Late [X] None

REPLY: None filed as of April 12, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 24, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a Complaint against David Ojeda (“Ojeda”), Matthew Morales dba Southland Trucks, Inc. (“Morales”), Largo Concrete, Inc. (“Largo”), and Walton Construction, Inc. (“Walton”) (collectively, “Defendants”).

Plaintiff filed a request for dismissal of the entire action and of all parties with prejudice on July 20, 2020. The Court granted Plaintiff’s request on July 23, 2020 and dismissed the entire action with prejudice.

On February 16, 2021, Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”). No opposition was filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., MP&A, p. 2.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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.)

Plaintiff seeks to set aside the dismissal entered on July 23, 2020 due to Plaintiff’s counsel’s mistake. (Mot., MP&A p. 2.) Specifically, counsel states he mistakenly filed a request for dismissal of the entire action when he only intended to dismiss Defendant Largo and Defendant Walton. (Id., Beyer Decl., ¶ 4.)

The Motion, however, is untimely. Specifically, the dismissal was entered on July 23, 2020, so any motion brought pursuant to Section 473, subdivision (b), had to be filed no later than January 23, 2021. As this Motion was filed on February 16, 2021, it is untimely. Thus, the Court must DENY Plaintiff’s request.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is DENIED.

Moving party is ordered to give notice.

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