This case was last updated from Los Angeles County Superior Courts on 08/21/2019 at 01:08:34 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS REBECCA REYES LOMELI

Case Summary

On 12/04/2018 a Personal Injury - Motor Vehicle case was filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against REBECCA REYES LOMELI in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4799

  • Filing Date:

    12/04/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

LOMELI REBECCA REYES

 

Court Documents

Request for Dismissal - Request for Dismissal

6/14/2019: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

3/6/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

12/4/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/4/2018: Complaint - Complaint

Summons - Summons on Complaint

12/4/2018: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

12/4/2018: First Amended Standing Order - First Amended Standing Order

Declaration (name extension) - Declaration DECLARATION OF VENUE

12/4/2018: Declaration (name extension) - Declaration DECLARATION OF VENUE

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

12/4/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/18/2019
  • DocketNon-Jury Trial scheduled for 06/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/18/2019

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  • 06/18/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/18/2019

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  • 06/14/2019
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 12/04/2018, entered Request for Dismissal without prejudice filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as to the entire action

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  • 06/14/2019
  • DocketRequest for Dismissal; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 03/06/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: REBECCA REYES LOMELI (Defendant); Service Date: 02/16/2019; Service Cost: 79.50; Service Cost Waived: No

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  • 12/14/2018
  • DocketNon-Jury Trial scheduled for 06/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/04/2018
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: REBECCA REYES LOMELI (Defendant)

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  • 12/04/2018
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: REBECCA REYES LOMELI (Defendant)

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  • 12/04/2018
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: REBECCA REYES LOMELI (Defendant)

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  • 12/04/2018
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: REBECCA REYES LOMELI (Defendant)

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  • 12/04/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/04/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC14799    Hearing Date: November 13, 2019    Dept: 94

State Farm Mutual Automobile Insurance Co. v. Lomeli, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b), mandatory)

TENTATIVE RULING:

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

ANALYSIS:

I. Background

On December 4, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Rebecca Reyes Lomeli (“Defendant”). The court record shows that on May 8, 2019, Plaintiff submitted a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach. However, the court record further shows that on June 14, 2019, Plaintiff filed a Request for Dismissal without prejudice as to Defendant, which was entered on June 18, 2019. On September 24, 2019, Plaintiff filed the instant motion to vacate dismissal under the mandatory provision of CCP § 473(b).

II. Legal Standard

“Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Plaintiff seeks relief under the mandatory provision of the statute based on its counsel’s mistake, inadvertence, surprise, or neglect. The mandatory provision states in pertinent part:

“[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”

(CCP § 473(b).)

“The purpose of this mandatory relief provision is to alleviate the hardship on parties who lose their day in court due to an inexcusable failure to act by their attorneys. [Citation.]” (Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 723, emphasis added.) Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc.

III. Analysis

Plaintiff timely brought this Motion under the mandatory provision of CCP § 473(b) less than six months after the dismissal.

Plaintiff submits a sworn affidavit from its counsel, Michael D. Schoeck (“Schoeck”), who attests that the parties entered into a settlement agreement on April 30, 2019, and that as a courtesy Schoeck mailed the settlement agreement and a dismissal to “hold in trust to defense counsel.” (Mot. Schoeck Decl. ¶¶ 4, 7.) Schoeck asserts that while it submitted the Stipulation for Dismissal with Reservation to Vacate Dismissal on May 8, 2019, before the stipulation was actually filed, on June 14, 2019, defense counsel erroneously filed the request for dismissal that was sent to them to hold in trust. (Id. at ¶¶ 8-9.) Plaintiff argues that this error requires relief under the mandatory provisions of CCP § 473(b). Defendant does not oppose the motion.

Plaintiff has established that it sent a copy of the request for dismissal along with the stipulation to defense counsel as a courtesy for defense counsel to hold in trust, and that Plaintiff’s counsel was in no way expecting defense counsel to file the request for dismissal on Plaintiff’s behalf. Based on the foregoing, the court finds that the dismissal was a result of Plaintiff’s counsel’s mistake, inadvertence, surprise, and neglect. Accordingly, Plaintiff’s motion is granted under the mandatory provisions of CCP § 473(b).

IV. Conclusion & Order

The unopposed Motion is GRANTED. The dismissal of this action is hereby VACATED.

Trial is set for May 27, 2020 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.