This case was last updated from Los Angeles County Superior Courts on 06/02/2021 at 12:16:42 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MARIO TOLCHA, ET AL.

Case Summary

On 12/30/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MARIO TOLCHA. 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 - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0758

  • Filing Date:

    12/30/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

TOLCHA MARIO

VELA ZOILA

SOSA JORGE ISREAL

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

Defendant Attorney

MUHTASEB TARIK T.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal;) of 06/01/2021

6/1/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal;) of 06/01/2021

Order - Dismissal - Order - Dismissal

6/1/2021: Order - Dismissal - Order - Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal;)

6/1/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal;)

Demand for Jury Trial - Demand for Jury Trial

5/25/2021: Demand for Jury Trial - Demand for Jury Trial

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

5/25/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

5/25/2021: Answer - Answer

Request for Dismissal - Request for Dismissal

5/26/2021: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

4/30/2021: Proof of Personal Service - Proof of Personal Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

3/1/2021: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Request for Dismissal - Request for Dismissal

3/1/2021: Request for Dismissal - Request for Dismissal

Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

3/15/2021: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

4/20/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))

Summons - Summons on Complaint

12/30/2020: Summons - Summons on Complaint

Complaint - Complaint

12/30/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/30/2020: First Amended Standing Order - First Amended Standing Order

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

12/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 06/01/2021
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 12/30/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 06/01/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 06/01/2021
  • DocketMinute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal;)

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  • 06/01/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal;) of 06/01/2021; Filed by: Clerk

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  • 06/01/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 06/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/01/2021; Result Type to Held

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  • 05/26/2021
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 12/30/2020, entered Request for Dismissal without prejudice filed by State Farm Mutual Automobile Insurance Company as to Zoila Vela

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  • 05/25/2021
  • DocketNotice of Posting of Jury Fees; Filed by: Mario Tolcha (Defendant); Zoila Vela (Defendant)

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  • 05/25/2021
  • DocketDemand for Jury Trial; Filed by: Mario Tolcha (Defendant); Zoila Vela (Defendant)

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  • 05/25/2021
  • DocketAnswer; Filed by: Mario Tolcha (Defendant); Zoila Vela (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 04/30/2021
  • DocketProof of Personal Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Jorge Isreal Sosa (Defendant); Service Date: 04/25/2021; Service Cost: 67.50; Service Cost Waived: No

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9 More Docket Entries
  • 03/01/2021
  • DocketAddress for SUSAN M BENSON (Attorney) null

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  • 03/01/2021
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Mario Tolcha (Defendant); Zoila Vela (Defendant); Jorge Isreal Sosa (Defendant)

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  • 12/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/30/2020
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Mario Tolcha (Defendant); Zoila Vela (Defendant)

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  • 12/30/2020
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Mario Tolcha (Defendant); Zoila Vela (Defendant)

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  • 12/30/2020
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Mario Tolcha (Defendant); Zoila Vela (Defendant)

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  • 12/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/03/2024 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/30/2020
  • DocketNon-Jury Trial scheduled for 06/29/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC10758    Hearing Date: April 20, 2021    Dept: 26

PROCEEDINGS: MOTION TO VACATE DISMISSAL

MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON MARCH 1, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT JUDGMENT IS SET FOR JUNE 1, 2021 AT _9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 30, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Mario Tolcha and

Zoila Vela (“Defendant Vela”). On March 1, 2020, Plaintiff added Jorge Israel Sosa as a doe defendant and then dismissed the entire action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on March 15, 2021. No Defendant having been served, there is no opposition to the Motion.

Discussion

Plaintiff seeks relief from the dismissal entered on March 1, 2021 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 brought pursuant to the mandatory provision for relief based on attorney fault.

The Motion was timely brought just two weeks after the dismissal was entered and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that that she inadvertently dismissed the entire action, instead of just Defendant Zela. (Motion, Benson Dcl., ¶¶2-) Based on the timely motion supported by an attorney affidavit of fault, Plaintiff is entitled to an order vacating the dismissal under Code of Civil Procedure, section 473, subdivision (b).

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON MARCH 1, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT JUDGMENT IS SET FOR JUNE 1, 2021 AT _9:30 AM IN JUNE 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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