On 01/24/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against MANUEL DE LA CRUZ. 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 Pending - Other Pending.
*******0849
01/24/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
DE LA CRUZ MANUEL
MAHFOUZ RICHARD LOUIS
10/16/2020: Answer - Answer
9/21/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5); Tr...) of 09/21/2020
8/17/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5); Tr...)
8/17/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5); Tr...) of 08/17/2020
8/6/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
8/27/2019: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing
9/19/2019: Declaration (name extension) - Declaration of Manuel De La Cruz, in Support of Opposition to Request for Defult
9/19/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
11/4/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
2/24/2020: Other - (name extension) - Other - Supplemental
3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/15/2020: Minute Order - Minute Order (Court Order)
8/5/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) by fax
1/24/2019: Complaint - Complaint
1/24/2019: First Amended Standing Order - First Amended Standing Order
1/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
1/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
1/24/2019: Summons - Summons on Complaint
Hearing07/09/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketAnswer; Filed by: Manuel De La Cruz (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketNon-Jury Trial scheduled for 07/09/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 01/24/2019, Default entered on 07/23/2019, Vacated - .
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5); Tr...)
DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5); Tr...) of 09/21/2020; Filed by: Clerk
DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/21/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/21/2020; Result Type to Held - Motion Granted
DocketTrial Setting Conference scheduled for 09/21/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/21/2020; Result Type to Held
DocketSupplemental Declaration in Support of Defendant's Motion to Set Aside/Vacate Default; Filed by: Manuel De La Cruz (Defendant)
DocketTrial Setting Conference scheduled for 09/21/2020 at 10:00 AM in Spring Street Courthouse at Department 26
DocketUpdated -- Amended Proof of Service by Substituted Service: As To Parties changed from Manuel De La Cruz (Defendant) to Manuel De La Cruz (Defendant)
DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Manuel De La Cruz (Defendant); Proof of Mailing Date: 02/11/2019; Service Cost: 45.00; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 07/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Manuel De La Cruz (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Manuel De La Cruz (Defendant)
DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Manuel De La Cruz (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC00849 Hearing Date: September 21, 2020 Dept: 26
State Farm v. De La
Cruz, et al MOTION TO VACATE ENTRY OF DEFAULT (CCP
§ 473(b)) TENTATIVE RULING: Defendant Manuel De La Cruz’s
Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON JULY 23, 2019 IS
HEREBY VACATED. DEFENDANT TO FILE AND SERVE HIS ANSWER WITHIN 20 DAYS’ SERVICE
OF THIS ORDER. ANALYSIS: On January 24, 2019, Plaintiff State Farm Mutual
Automobile Insurance Company (“Plaintiff”) filed the instant action for
automobile subrogation against Defendant Manuel De La Cruz (“Defendant”). Following Defendant’s failure to respond,
default was entered against him on July 23, 2019. Defendant filed the instant
Motion to Set Aside Entry of Default on September 6, 2019 without proof of
service of the same on Plaintiff. Additionally,
the Motion was not brought pursuant to any legal authority. The Motion
initially came for hearing on September 19, 2019, at which time it was
continued to allow service of the motion papers on Plaintiff and for Defendant
to file and serve supplemental papers setting forth the legal basis of his
request for relief. On the same date, Defendant filed and served a supplemental
declaration setting forth additional facts in support of the Motion and
attaching a copy of his Notice of Motion. However, the supplemental declaration
still did not comply with Cal. Rules of Court, Rule 3.1113, subdivision (b)
because it lacked supporting legal authority. At the second hearing on November 4, 2019, the
Court continued the matter to give Defendant one final opportunity to comply
with the Court’s order. Specifically, the Court ordered Defendant to file and
serve supplemental papers correcting the problems discussed above to at least
16 court days prior to the new hearing date. Defendant was again warned that
failure to comply with the Court’s orders might result in the Motion being
placed off calendar or denied. At the third hearing on January
13, 2020, the Court again continued the matter due to Defendant’s lack of
supplemental briefing. Defendant filed a supplemental brief and declaration on
February 24, 2020. While the supplemental brief provided a legal basis for the requested
relief, at the hearing on August 17, 2020, the Court determined the declaration
was defective because it was not made under penalty of perjury. On September 3,
2020, Defendant filed a supplemental declaration under penalty of perjury. Discussion Defendant moves for relief from the default judgment
pursuant to Code of Civil Procedure, section 473, subdivision (b), under
which 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 must
also be accompanied by a copy of the moving party’s responsive pleading. (Code
Civ. Proc., § 473, subd. (b).) The Motion was initially filed less than six months after
entry of default, making it timely under the moving statute. It is now
accompanied by a declaration stating that Defendant did not receive notice of
the action in time to respond. (Motion, De La Cruz Decl., filed 9/3/20.) Specifically,
the Summons and Complaint were delivered to Defendant’s brother who failed to
timely inform Defendant. (Ibid.) Upon learning of this action, Defendant
came to Court but was informed that the time to file a response to the
Complaint had passed. (Ibid.) Defendant, therefore, has demonstrated the
default was taken against him by surprise due to lack of actual notice.
Finally, the Motion is also accompanied by a copy of Defendant’s proposed
Answer to the Complaint and has remained unopposed by Plaintiff since it was
filed more than a year ago. (Motion, De La Cruz Decl., filed 2/24/20, Proposed
Answer.) Conclusion Defendant Manuel De La Cruz’s Motion to Vacate Default is
GRANTED. THE DEFAULT ENTERED ON JULY 23, 2019 IS HEREBY VACATED. DEFENDANT TO FILE
AND SERVE HIS ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER. Court clerk to give notice.
Case Number: 19STLC00849 Hearing Date: August 17, 2020 Dept: 26
MOTION TO VACATE ENTRY OF DEFAULT
(CCP § 473(b))
TENTATIVE RULING:
0Defendant Manuel De La Cruz’s Motion to Vacate Entry of Default is CONTINUED TO SEPTEMBER 21, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On January 24, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Manuel De La Cruz (“Defendant”). Following Defendant’s failure to respond, default was entered against him on July 23, 2019. Defendant filed the instant Motion to Set Aside Entry of Default on September 6, 2019 without proof of service of the same on Plaintiff. Additionally, the Motion was not brought pursuant to any legal authority. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)
The Motion initially came for hearing on September 19, 2019, at which time it was continued to allow service of the motion papers on Plaintiff and for Defendant to file and serve supplemental papers setting forth the legal basis of his request for relief. On the same date, Defendant filed and served a supplemental declaration setting forth additional facts in support of the Motion and attaching a copy of his Notice of Motion. However, the supplemental declaration still did not comply with Cal. Rules of Court, Rule 3.1113, subdivision (b) because it lacked supporting legal authority.
At the second hearing on November 4, 2019, the Court continued the matter to give Defendant one final opportunity to comply with the Court’s order. Specifically, the Court ordered Defendant to file and serve supplemental papers correcting the problems discussed above to at least 16 court days prior to the new hearing date. Defendant was again warned that failure to comply with the Court’s orders might result in the Motion being placed off calendar or denied.
At the third hearing on January 13, 2020, the Court again continued the matter due to Defendant’s lack of supplemental briefing. Defendant filed a supplemental brief and declaration on February 24, 2020. However, the declaration is defective because it is not made under penalty of perjury. A declaration must, if executed within California, state the date and place of execution, or if executed at any place, within or outside of California, state the date of execution and that it is so certified or declared under the laws of the State of California. (Code Civ. Proc., § 2015.5.) Failure to properly verify a declaration renders it inadmissible. (See ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 217.) The Court, therefore, cannot consider the contents of the declaration.
The hearing on Defendant’s Motion to Vacate is CONTINUED TO SEPTEMBER 21, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST TEN (10) COURT DAYS PRIOR TO THE CONTINUED HEARING DATE DEFENDANT IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION THAT CORRECTS THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.
Case Number: 19STLC00849 Hearing Date: January 13, 2020 Dept: 94
TENTATIVE RULING:
Defendant Manuel De La Cruz’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.
ANALYSIS:
On January 24, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Manuel De La Cruz (“Defendant”). Following Defendant’s failure to respond, default was entered against him on July 23, 2019. Defendant filed the instant Motion to Set Aside Default on September 6, 2019. Additionally, the Motion was not brought pursuant to any legal authority “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)
The Motion initially came for hearing on September 19, 2019, at which time it was continued to allow service of the motion papers on Plaintiff and for Defendant to file and serve supplemental papers setting forth the legal basis of his request for relief. On the same date, Defendant filed and served a supplemental declaration setting forth additional facts in support of the Motion and attaching a copy of his Notice of Motion. However, the supplemental declaration still did not comply with Cal. Rules of Court, Rule 3.1113, subdivision (b) because it lacked supporting legal authority.
At the second hearing on November 4, 2019, the Court continued the matter to give Defendant one final opportunity to comply with the Court’s order. Specifically, the Court ordered Defendant to file and serve supplemental papers correcting the problems discussed above to at least 16 court days prior to the new hearing date. Defendant was again warned that failure to comply with the Court’s orders might result in the Motion being placed off calendar or denied.
To date, Defendant still has not filed supplemental papers in compliance with Cal. Rules of Court, Rule 3.111, subdivision (b). Indeed, no supplemental papers have been filed since the hearing on November 4, 2019. Based on the foregoing, the Defendant’s Motion to Vacate Default is PLACED OFF CALENDAR.
Moving party to give notice.
Case Number: 19STLC00849 Hearing Date: November 04, 2019 Dept: 94
State Farm v. De La Cruz, et al.
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(b))
TENTATIVE RULING:
Defendant Manuel De La Cruz’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.
ANALYSIS:
On January 24, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Manuel De La Cruz (“Defendant”). Following Defendant’s failure to respond, default was entered against him on July 23, 2019. Defendant filed the instant Motion to Set Aside Default on September 6, 2019. Additionally, the Motion was not brought pursuant to any legal authority “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)
The Motion initially came for hearing on September 19, 2019, at which time it was continued to allow service of the motion papers on Plaintiff and for Defendant to file and serve supplemental papers setting forth the legal basis of his request for relief.
On September 19, 2019, Defendant filed a supplemental declaration setting forth additional facts in support of the Motion and attaching a copy of his Notice of Motion. The attached proof of service indicates the supplemental declaration was mail-served on Plaintiff on September 11, 2019. (Supp. De La Cruz Decl., Proof of Service.) However, the supplemental declaration still does not comply with Cal. Rules of Court, Rule 3.1113, subdivision (b) as it lacks any supporting legal authority. Defendant failed to comply with the Court’s order and was warned that failure to comply with the Court’s orders may result in the Motion being placed off calendar or denied.
Based on the foregoing, the Defendant’s Motion to Vacate Default is PLACED OFF CALENDAR.
Moving party to give notice.
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