This case was last updated from Los Angeles County Superior Courts on 08/05/2020 at 06:00:05 (UTC).

WAWANESA GENERAL INSURANCE VS GERARDO ACEVEDO

Case Summary

On 09/27/2019 WAWANESA GENERAL INSURANCE filed a Personal Injury - Motor Vehicle lawsuit against GERARDO ACEVEDO. 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:

    *******8912

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

WAWANESA GENERAL INSURANCE COMPANY

Defendant

ACEVEDO GERARDO

Attorney/Law Firm Details

Plaintiff Attorney

NIVINSKUS MARK

 

Court Documents

Declaration (name extension) - Declaration of Mark R Nivinskus re: Non-Service

7/20/2020: Declaration (name extension) - Declaration of Mark R Nivinskus re: Non-Service

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

7/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/28/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Dismissal - Request for Dismissal

7/28/2020: Request for Dismissal - Request for Dismissal

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 08/03/2020

8/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 08/03/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

3/3/2020: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 03/05/2020

3/5/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 03/05/2020

Motion to Quash Service of Summons - Motion to Quash Service of Summons Declaration of Defendant in Support of Motion to Quash Service of Summons

11/25/2019: Motion to Quash Service of Summons - Motion to Quash Service of Summons Declaration of Defendant in Support of Motion to Quash Service of Summons

Declaration re: Due Diligence - Declaration re: Due Diligence

10/24/2019: Declaration re: Due Diligence - Declaration re: Due Diligence

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/24/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

9/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

9/27/2019: Complaint - Complaint

Summons - Summons on Complaint

9/27/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/27/2019: First Amended Standing Order - First Amended Standing Order

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

9/27/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

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

9/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 09/30/2022
  • Hearing09/30/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/26/2021
  • Hearing03/26/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/03/2020
  • DocketUpdated -- Motion to Quash Service of Summons Declaration of Defendant in Support of Motion to Quash Service of Summons: Filed By: Gerardo Acevedo (Defendant); Result: Denied; Result Date: 08/03/2020

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  • 08/03/2020
  • DocketMinute Order (Hearing on Motion to Quash Service of Summons)

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  • 08/03/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 08/03/2020; Filed by: Clerk

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  • 08/03/2020
  • DocketHearing on Motion to Quash Service of Summons scheduled for 08/03/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/03/2020; Result Type to Held - Motion Denied

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  • 07/28/2020
  • DocketRequest for Dismissal; Filed by: Wawanesa General Insurance Company (Plaintiff)

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  • 07/28/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Wawanesa General Insurance Company (Plaintiff)

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  • 07/28/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 07/28/2020
  • DocketOn the Complaint filed by Wawanesa General Insurance Company on 09/27/2019, entered Request for Dismissal without prejudice filed by Wawanesa General Insurance Company, does 1-20

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13 More Docket Entries
  • 10/24/2019
  • DocketDeclaration re: Due Diligence; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Gerardo Acevedo (Defendant)

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  • 09/27/2019
  • DocketNon-Jury Trial scheduled for 03/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2019
  • DocketComplaint; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Gerardo Acevedo (Defendant)

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  • 09/27/2019
  • DocketSummons on Complaint; Issued and Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Gerardo Acevedo (Defendant)

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  • 09/27/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Gerardo Acevedo (Defendant)

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  • 09/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Wawanesa General Insurance Company (Plaintiff); As to: Gerardo Acevedo (Defendant)

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  • 09/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/27/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC08912    Hearing Date: August 03, 2020    Dept: 26

MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

TENTATIVE RULING:

Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is DENIED.

ANALYSIS:

Plaintiff Wawanesa Insurance Company (“Plaintiff”) filed the instant action for insurance subrogation against Defendant Gerardo Acevedo (“Defendant”) on September 27, 2019. Plaintiff filed a proof of substitute service on October 24, 2019. On November 25, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint. The Motion initially came for hearing on March 5, 2020, at which time the Court ruled that Defendant has not demonstrated service of the Motion to Quash on Plaintiff. The Court also found that the Motion was not supported by any legal authority. The Court continued the hearing and ordered Defendant to (1) file supplemental papers addressing the legal basis for the request to quash service; and (2) demonstrate service of the motion papers and notice of continuance on Plaintiff.

To date, no supplemental papers nor proof of service has been filed as ordered. As noted earlier, failure to give notice of the Motion is a violation of the statutory requirements for notice and of Plaintiff’s right to due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Nor can the Court grant relief without citation to the legal authority on which the Motion is brought. (Cal. Rules of Court, Rule 3.1113, subd. (b).)

Therefore, Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is DENIED.

Court clerk to give notice.

Case Number: 19STLC08912    Hearing Date: March 05, 2020    Dept: 26

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

MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

TENTATIVE RULING:

Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint t is CONTINUED TO JUNE 4, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Wawanesa Insurance Company (“Plaintiff”) filed the instant action for insurance subrogation against Defendant Gerardo Acevedo (“Defendant”) on September 27, 2019. Plaintiff filed a proof of substitute service on October 24, 2019. On November 25, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint. To date, no opposition has been filed.

Defendant has not demonstrated service of the Motion to Quash on Plaintiff as there is no accompanying proof of service. Failure to give notice of the Motion is a violation of the statutory requirements for notice and of Plaintiff’s right to due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Additionally, the Court notes that the Motion is not supported by any legal authority, as required by Cal. Rules of Court Rule 3.1113, subdivision (b): “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 Court cannot grant relief without citation to the legal authority on which the Motion is brought.

Based on the foregoing, the hearing on Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is CONTINUED TO JUNE 4, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE SUPPLEMENTAL PAPERS WITH SUPPORTING LEGAL AUTHORITY AND PROOF OF SERVICE OF THE ORIGINAL AND SUPPLEMENTAL MOTION PAPERS. ANY OPPOSITION OR REPLY PAPERS ARE TO BE FILED PER THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.