This case was last updated from Los Angeles County Superior Courts on 10/16/2021 at 01:48:25 (UTC).

WAWANESA GENERAL INSURANCE COMPANY VS MARTIN OROZCO

Case Summary

On 04/06/2020 WAWANESA GENERAL INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MARTIN OROZCO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3028

  • Filing Date:

    04/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

WAWANESA GENERAL INSURANCE COMPANY

Defendant and Cross Plaintiff

OROZCO MARTIN

Cross Defendant

ALLIANCE UNITED INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

NIVINSKUS MARK

Defendant Attorney

BECK WILLIAM

Cross Defendant Attorney

ISRAEL MARK ROBERT

 

Court Documents

Proof of Personal Service - Proof of Personal Service

8/25/2020: Proof of Personal Service - Proof of Personal Service

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

10/26/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

10/26/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

10/26/2020: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/26/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Default Judgment - Default Judgment

11/9/2020: Default Judgment - Default Judgment

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

2/22/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

General Denial - General Denial

2/22/2021: General Denial - General Denial

Notice (name extension) - Notice of No Opposition and Errata

3/17/2021: Notice (name extension) - Notice of No Opposition and Errata

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

3/24/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Notice of Ruling - Notice of Ruling

3/30/2021: Notice of Ruling - Notice of Ruling

Cross-Complaint - Cross-Complaint

4/7/2021: Cross-Complaint - Cross-Complaint

Answer - Answer Amended

4/7/2021: Answer - Answer Amended

Summons - Summons Cross-Complaint

4/8/2021: Summons - Summons Cross-Complaint

Proof of Personal Service - Proof of Personal Service

5/17/2021: Proof of Personal Service - Proof of Personal Service

Answer - Answer

6/3/2021: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

4/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

4/6/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

10 More Documents Available

 

Docket Entries

  • 03/23/2022
  • Hearing03/23/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 06/03/2021
  • DocketAnswer; Filed by: Alliance United Insurance Company (Cross-Defendant); As to: Martin Orozco (Cross-Complainant)

    Read MoreRead Less
  • 05/17/2021
  • DocketProof of Personal Service; Filed by: Martin Orozco (Cross-Complainant); As to: Alliance United Insurance Company (Cross-Defendant); Service Date: 05/04/2021; Service Cost Waived: No

    Read MoreRead Less
  • 04/08/2021
  • DocketSummons Cross-Complaint; Issued and Filed by: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/07/2021
  • DocketAnswer Amended; Filed by: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/07/2021
  • DocketCross-Complaint; Filed by: Martin Orozco (Defendant); As to: Alliance United Insurance Company (Cross-Defendant)

    Read MoreRead Less
  • 03/30/2021
  • DocketNotice of Ruling; Filed by: Martin Orozco (Defendant)

    Read MoreRead Less
  • 03/24/2021
  • DocketNon-Jury Trial scheduled for 03/23/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 03/24/2021
  • DocketOn the Complaint filed by Wawanesa General Insurance Company on 04/06/2020, Default entered on 10/26/2020, Vacated - .

    Read MoreRead Less
  • 03/24/2021
  • DocketOn the Complaint filed by Wawanesa General Insurance Company on 04/06/2020, judgment entered on 11/09/2020 as to Martin Orozco is

    Read MoreRead Less
21 More Docket Entries
  • 08/25/2020
  • DocketProof of Personal Service; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Martin Orozco (Defendant); Service Date: 08/18/2020; Service Cost: 84.00; Service Cost Waived: No

    Read MoreRead Less
  • 04/06/2020
  • DocketNon-Jury Trial scheduled for 10/04/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 04/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/10/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 04/06/2020
  • DocketComplaint; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/06/2020
  • DocketSummons on Complaint; Issued and Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/06/2020
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Martin Orozco (Defendant)

    Read MoreRead Less
  • 04/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 04/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 04/06/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC03028    Hearing Date: March 24, 2021    Dept: 26

Wawanesa General Ins. Co. v. Orozco, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Martin Orozco’s Motion to Vacate Entry of Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON OCTOBER 26, 2020 AND THE DEFAULT JUDGMENT ENTERED ON NOVEMBER 9, 2020 ARE HEREBY VACATED.

DEFENDANT IS TO FILE THE ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

TRIAL IS SET FOR MARCH 23, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Wawanesa General Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Martin Orozco (“Defendant”) on April 6, 2020. Following Defendant’s failure to file a responsive pleading, the Court entered his default on October 26, 2020 and default judgment on November 9, 2020.

Defendant filed the instant Motion to Vacate Default and Default Judgment, as well as an Answer, on February 22, 2021. To date, no opposition has been filed.

Discussion

Defendant moves for relief from the default 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 must also be accompanied by a copy of the moving defendant’s proposed pleading. (Code Civ. Proc., § 473, subd. (b).) The motion is brought based on Defendant’s own excusable neglect or surprise. (Notice, p. 2:4-8.)

“Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. In such situations ‘very slight evidence will be required to justify a court in setting aside the default.’ Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.” (Elston v. City of Turlock (1985) 38 Cal. 3d 227, 233-34 (citations omitted).)

The Motion was filed and served three months after entry of default judgment. Although this is less than the outer six-month deadline, a request for relief under the discretionary prong—based on the party’s own fault—must not only be made within six months of entry of default, but within a reasonable time. (Code Civ. Proc., § 473, subd. (b).) Defendant declares that upon receiving notice of the default judgment from Plaintiff’s counsel, he reached out to his insurance company for an update on the case but could not reach his adjuster. (Motion, Orozco Decl., ¶7.) After that, Defendant sought legal counsel, who prepared the instant Motion. (Ibid.) This declaration demonstrates that Defendant tried to correct the default and default judgment as quickly as possible.

Defendant has also demonstrated that his mistake, inadvertence, surprise or excusable neglect resulted in the entry of default or default judgment. Upon being served with the Summons and Complaint, Defendant gave the papers to his insurance company, Alliance United, but never heard back. (Id. at ¶5.) Defendant pays his premiums and was informed that his policy would cover the damages. (Id. at ¶¶6-7.) This demonstrates Defendant’s belief that Alliance United would handle the defense of this action and his surprise at the entry of default and default judgment.

Finally, the Court notes that while the Motion itself is not accompanied by a copy of Defendant’s proposed responsive pleading, an Answer was filed concurrently with the Motion. The filing was improper because Defendant was in default at the time and could file no pleading until the default was vacated. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301.) The Court strikes the Answer on its own motion. (Code Civ. Proc., § 436, subd. (b).)

Conclusion

Defendant Martin Orozco’s Motion to Vacate Entry of Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON OCTOBER 26, 2020 AND THE DEFAULT JUDGMENT ENTERED ON NOVEMBER 9, 2020 ARE HEREBY VACATED.

DEFENDANT IS TO FILE THE ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

TRIAL IS SET FOR MARCH 23, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WAWANESA GENERAL INSURANCE COMPANY is a litigant

Latest cases where ALLIANCE UNITED INSURANCE COMPANY CORP is a litigant

Latest cases represented by Lawyer ISRAEL MARK ROBERT