This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:04:35 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS KHRISTINE JAZMINE POYORENA

Case Summary

On 08/07/2017 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against KHRISTINE JAZMINE POYORENA. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1559

  • Filing Date:

    08/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

POYORENA KHRISTINE JAZMINE

Attorney/Law Firm Details

Plaintiff Attorneys

MAHFOUZ RICHARD LOUIS II

POTEET SHELBY ANNE

Defendant Attorneys

DUNKIN CRAIG LEE

KELLY FRANCINE B.

 

Court Documents

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

6/7/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Stipulation and Order (name extension) - Stipulation and Order Stipulation and Proposed Order to Continue Trial and All Related Trial Dates

2/1/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Proposed Order to Continue Trial and All Related Trial Dates

Association of Attorney - Association of Attorney

4/2/2019: Association of Attorney - Association of Attorney

Notice of Deposit - Jury - Notice of Deposit - Jury

4/9/2019: Notice of Deposit - Jury - Notice of Deposit - Jury

Association of Attorney - Association of Attorney

5/1/2019: Association of Attorney - Association of Attorney

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL AND ASSOCIATED DATES

6/3/2019: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL AND ASSOCIATED DATES

Answer

12/12/2017: Answer

Notice of Case Assignment - Limited Civil Case

8/7/2017: Notice of Case Assignment - Limited Civil Case

Summons - on Complaint

8/7/2017: Summons - on Complaint

Civil Case Cover Sheet

8/7/2017: Civil Case Cover Sheet

Complaint

8/7/2017: Complaint

 

Docket Entries

  • 08/10/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 09/05/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/07/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Khristine Jazmine Poyorena (Defendant)

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  • 06/03/2019
  • DocketUpdated -- Stipulation and Order STIPULATION TO CONTINUE TRIAL AND ASSOCIATED DATES: Status Date changed from 06/03/2019 to 06/03/2019; Filed By: Khristine Jazmine Poyorena (Defendant); Result: Granted; Result Date: 06/03/2019; As To Parties changed from State Farm Mutual Automobile Insurance Company (Plaintiff) to State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/03/2019
  • DocketStipulation and Order STIPULATION TO CONTINUE TRIAL AND ASSOCIATED DATES; Filed by: Khristine Jazmine Poyorena (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/03/2019
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 06/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 09/05/2019 08:30 AM

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  • 05/02/2019
  • DocketUpdated -- Francine B. Kelly (Attorney): Last Name changed from Blum to Kelly; Middle Name changed from Gail to B.

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  • 05/01/2019
  • DocketAssociation of Attorney; Filed by: Khristine Jazmine Poyorena (Defendant)

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  • 04/09/2019
  • DocketNotice of Deposit - Jury; Filed by: Khristine Jazmine Poyorena (Defendant)

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  • 04/08/2019
  • DocketAddress for Francine Gail Blum (Attorney) updated

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3 More Docket Entries
  • 01/30/2019
  • DocketUpdated -- Stipulation and Order Stipulation and Proposed Order to Continue Trial and All Related Trial Dates: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 01/30/2019

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  • 12/12/2017
  • DocketUpdated -- Answer: Status Date changed from 12/11/2017 to 12/12/2017

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  • 12/11/2017
  • DocketAnswer; Filed by: Khristine Jazmine Poyorena (Defendant)

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  • 08/07/2017
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Khristine Jazmine Poyorena (Defendant)

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  • 08/07/2017
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/07/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/07/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/07/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 08/07/2017
  • DocketNon-Jury Trial scheduled for 02/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/07/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01559    Hearing Date: September 16, 2020    Dept: 26

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 5, 2019 IS HEREBY VACATED.

TRIAL DATE IS SET FOR DECEMBER 16, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Khristine Jazmine Poyorena (“Defendant”) on August 7, 2017. Following a continuance of the trial date, Plaintiff filed a Notice of Settlement on August 29, 2019. Plaintiff then filed a dismissal of the entire action with prejudice on December 5, 2019.

Plaintiff filed the instant Motion to Vacate Dismissal on June 5, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on December 5, 2019 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 dismissed this action based on a mistaken belief that Defendant had begun making payments under the parties’ settlement. (Motion, Dorr Decl., ¶¶4-15.) The payments, however, concerned a different action that Plaintiff had settled with the same defense counsel. (Ibid.) Defendant in this action has yet to sign the settlement agreement or make any payments thereunder. (Id. at ¶15.) 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 DECEMBER 5, 2019 IS HEREBY VACATED.

TRIAL DATE IS SET FOR DECEMBER 16, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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