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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 12:33:53 (UTC).

UNITED FINANCIAL CASUALTY COMPANY VS RENATO RASVHKOVSKI

Case Summary

On 08/21/2017 UNITED FINANCIAL CASUALTY COMPANY filed a Personal Injury - Motor Vehicle lawsuit against RENATO RASVHKOVSKI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3014

  • Filing Date:

    08/21/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

UNITED FINANCIAL CASUALTY COMPANY

Defendant

RASVHKOVSKI RENATO

Attorney/Law Firm Details

Plaintiff Attorney

NIVINSKUS MARK ROBERT

 

Court Documents

Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

3/21/2019: Certificate of Facts re: Unsatisfied Judgment - Certificate of Facts re: Unsatisfied Judgment

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

4/30/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Declaration re: Due Diligence

2/1/2018: Declaration re: Due Diligence

Proof of Service by Substituted Service - (Amended)

2/1/2018: Proof of Service by Substituted Service - (Amended)

Declaration Pursuant to 585 CCP in Support of Default Judgment

4/25/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal

4/25/2018: Request for Dismissal

Declaration (name extension) - 585

4/25/2018: Declaration (name extension) - 585

Judgment

4/25/2018: Judgment

Request for Entry of Default / Judgment

3/22/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

10/24/2017: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

11/18/2017: Notice of Rejection Default/Clerk's Judgment

Notice of Case Assignment - Limited Civil Case

8/21/2017: Notice of Case Assignment - Limited Civil Case

Proof of Service by Substituted Service

9/26/2017: Proof of Service by Substituted Service

Declaration re: Due Diligence

9/26/2017: Declaration re: Due Diligence

Summons - on Complaint

8/21/2017: Summons - on Complaint

Civil Case Cover Sheet

8/21/2017: Civil Case Cover Sheet

Complaint

8/21/2017: Complaint

5 More Documents Available

 

Docket Entries

  • 04/30/2019
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: United Financial Casualty Company (Plaintiff)

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  • 03/21/2019
  • DocketCertificate of Facts re: Unsatisfied Judgment; Issued by: United Financial Casualty Company (Plaintiff); As to: Renato Rasvhkovski (Defendant)

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  • 05/03/2018
  • DocketNon-Jury Trial scheduled for 02/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/03/2018

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  • 05/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/03/2018

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  • 04/25/2018
  • DocketRequest for Dismissal; Filed by: United Financial Casualty Company (Plaintiff); As to: Does: 1-20 ONLY

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  • 04/25/2018
  • DocketJudgment; Filed by: Clerk

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  • 04/25/2018
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: United Financial Casualty Company (Plaintiff)

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  • 04/25/2018
  • DocketDeclaration 585; Filed by: United Financial Casualty Company (Plaintiff)

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  • 04/25/2018
  • DocketOn the Complaint filed by United Financial Casualty Company on 08/21/2017, Request for dismissal Without Prejudice entered as to , Does 1-20 ONLY

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  • 04/25/2018
  • DocketDefault judgment entered for Plaintiff United Financial Casualty Company against Defendant Renato Rasvhkovski on the Complaint filed by United Financial Casualty Company on 08/21/2017 for the principal amount of $15,867.30 and costs of $419.00 for a total of $16,286.30.

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7 More Docket Entries
  • 10/24/2017
  • Docket; Default not entered as to Renato Rasvhkovski; On the Complaint filed by United Financial Casualty Company on 08/21/2017

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  • 09/26/2017
  • DocketDeclaration of Due Diligence; Filed by: United Financial Casualty Company (Plaintiff); As to: Renato Rasvhkovski (Defendant)

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  • 09/26/2017
  • DocketProof of Service by Substituted Service; Filed by: United Financial Casualty Company (Plaintiff); As to: Renato Rasvhkovski (Defendant); Proof of Mailing Date: 09/07/2017; Service Cost: 69.00; Service Cost Waived: No

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  • 08/22/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 08/22/2017
  • DocketNon-Jury Trial scheduled for 02/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/22/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/21/2017
  • DocketComplaint; Filed by: United Financial Casualty Company (Plaintiff); As to: Renato Rasvhkovski (Defendant)

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  • 08/21/2017
  • DocketCivil Case Cover Sheet; Filed by: United Financial Casualty Company (Plaintiff)

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  • 08/21/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/21/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 17STLC03014    Hearing Date: April 7, 2021    Dept: 26

United Financial Casualty Co. v. Rasvhkovski, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Defendant Renato Raschkovsk’s Motion to Vacate Default and Default Judgment is GRANTED.

ANALYSIS:

On August 21, 2017, Plaintiff United Financial Casualty Company (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Renato Raschkovsky (incorrectly sued as Renato Rasvhkovski) (“Defendant”). Following Defendant’s failure to file a responsive pleading, the Court entered default on March 22, 2018 and default judgment on April 25, 2018.

Defendant filed the instant Motion to Vacate Default and Default Judgment on February 11, 2021. To date, no opposition has been filed.

Discussion

Defendant moves to vacate the entry of default and default judgment on the grounds that he was never properly served with the Summons and Complaint. The Motion is brought pursuant to Code of Civil Procedure section 473, subdivision (d). This challenge based on defective service can be raised at any time. Code of Civil Procedure section 473, subdivision (d) states that “[t]he court may, .... on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) “California is a jurisdiction where the original service of process, which confers jurisdiction, must conform to statutory requirements or all that follows is void.” (Honda Motor Co. v. Superior Court (1992) 10 Cal.App.4th 1043, 1048.) There is no time limit on when a void judgment can be challenged. (Deutsche Bank National Trust Co. v. Pyle (2017) 13 Cal.App.5th 513, 526 [citing Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830; Code Civ. Proc., § 473, subd. (d)].)

Plaintiff filed an Amended Proof of Service indicating that Defendant was sub-served by leaving the papers at 7075 Lanewood Ave., # 35, Los Angeles, California. (Amended Proof of Service, filed 2/1/18, ¶¶4-5.) The Amended Proof of Service is accompanied by a declaration of diligence, declaration of mailing and attested to by a registered process server. (Amended Proof of Service, filed 2/1/18, ¶7(e)(3).) Therefore, the Amended Proof of Service facially is entitled to a presumption of truth in the return of service. (Code Civ. Proc., § 415.20; Cal. Evid. Code, § 647.)

Defendant bears the burden of overcoming the presumption by demonstrating that the service did not comply with the statutory requirements. The Motion to Vacate is supported by Defendant’s declaration, in which he states that he resided at the service address until June 5, 2016, at which time he was evicted. (Motion, Raschkovsky Decl., ¶¶2-3.) Since being evicted, Defendant has been homeless. (Id. at ¶3.) He used the service address as his mailing address for two months after the eviction and then changed his mailing address to 10627 Ashton Avenue, Apt. 101, Los Angeles, California. (Id. at ¶¶4-5.) The Ashton Avenue address is Defendant’s sister’s home address; Defendant has been using it as his mailing address since August 2016. (Id. at ¶5.) Defendant only learned of this action in mid-2020 when he tried to renew his driver’s license and discovered it was suspended. (Id. at ¶6.)

The Court finds that Defendant’s evidence demonstrates that service did not substantially comply with the statutory requirements. Under Code of Civil Procedure section 415.20, subdivision (b) substitute service may be effectuated at the defendant’s “dwelling house, usual place of abode, usual place of business, or usual mailing address.” At the time of service in September 2017, Defendant had not resided at the service address for more than a year and his usual mailing address had been at Ashton Avenue for nearly the same length of time. This shifts the burden of proof to Plaintiff to demonstrate proper service of the Summons and Complaint on Defendant. Plaintiff, however, has not filed an opposition to the instant Motion to Vacate.

The Court finds that because the substitute service did not comply with the statutory requirements, all the proceedings that followed, including the entry of default and default judgment, were void.

Conclusion

Defendant Renato Raschkovsk’s Motion to Vacate Default and Default Judgment is GRANTED.

Court clerk to give notice.

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