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This case was last updated from Los Angeles County Superior Courts on 06/23/2019 at 10:27:01 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS BYRON A EC

Case Summary

On 08/20/2015 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Other Personal Injury lawsuit against BYRON A EC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2069

  • Filing Date:

    08/20/2015

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE

Defendants and Respondents

DOES 1 THROUGH 10

ECHEVERRIA BYRON A.

LOPEZ-ARREOLA BEIDI

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RICHARDSON FAIR & COHEN

HORN STEVEN JEFFRY

 

Court Documents

Minute Order

2/15/2017: Minute Order

Association of Attorney

10/19/2018: Association of Attorney

Unknown

10/23/2018: Unknown

SUMMONS

8/20/2015: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

8/20/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PROOF OF SERVICE SUMMONS

11/19/2015: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/26/2016: PROOF OF SERVICE SUMMONS

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

2/15/2017: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

REQUEST FOR COURT JUDGMENT

2/15/2017: REQUEST FOR COURT JUDGMENT

DECLARATION OF SHIRLEY BETTY SHAPIRO RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(D)

2/15/2017: DECLARATION OF SHIRLEY BETTY SHAPIRO RE PROOF OF DAMAGES, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 585(D)

Minute Order

2/15/2017: Minute Order

REQUEST FOR DISMISSAL

2/15/2017: REQUEST FOR DISMISSAL

DECLARATION FOR DEFAULT JUDGMENT PURSUANT TO [CODE OF CIVIL PROCEDURE, SECTION 585(D)]

2/15/2017: DECLARATION FOR DEFAULT JUDGMENT PURSUANT TO [CODE OF CIVIL PROCEDURE, SECTION 585(D)]

DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST AGAINST DEFENDANT DRIVER, BYRON A. ECHEVERRIA

2/15/2017: DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST AGAINST DEFENDANT DRIVER, BYRON A. ECHEVERRIA

DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST AGAINST DEFENDANT DRIVER, BYRON A. ECHEVERRIA AND DEFENDANT OWNER BEIDI LOPEZ-ARREOLA, JOINTLY AND SEVERALLY

2/15/2017: DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST AGAINST DEFENDANT DRIVER, BYRON A. ECHEVERRIA AND DEFENDANT OWNER BEIDI LOPEZ-ARREOLA, JOINTLY AND SEVERALLY

JUDGMENT

2/15/2017: JUDGMENT

4 More Documents Available

 

Docket Entries

  • 11/21/2018
  • Abstract of Judgment - Civil and Small Claims; Filed by Clerk

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  • 11/21/2018
  • Certificate of Facts re: Unsatisfied Judgment; Filed by Clerk

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  • 11/21/2018
  • Certificate of Facts re: Unsatisfied Judgment; Filed by Clerk

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  • 10/23/2018
  • Notice of Rejection - Post Judgment; Filed by Clerk

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  • 10/19/2018
  • Association of Attorney; Filed by Richardson Fair & Cohen (Attorney)

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  • 02/21/2017
  • at 08:30 AM in Department 98; Jury Trial (Jury Trial; Vacated) -

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  • 02/21/2017
  • Minute order entered: 2017-02-21 00:00:00; Filed by Clerk

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  • 02/15/2017
  • at 08:30 AM in Department 93; Court Order (Court Order; Notice of Entry of Judgment mailed) -

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  • 02/15/2017
  • STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

    Read MoreRead Less
  • 02/15/2017
  • DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST AGAINST DEFENDANT DRIVER, BYRON A. ECHEVERRIA

    Read MoreRead Less
17 More Docket Entries
  • 02/02/2017
  • Minute order entered: 2017-02-02 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 12/30/2016
  • REQUEST FOR ENTRY OF DEFAULT

    Read MoreRead Less
  • 01/26/2016
  • Proof-Service/Summons; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

    Read MoreRead Less
  • 01/26/2016
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 12/30/2015
  • Default Entered; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/19/2015
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 11/19/2015
  • Proof-Service/Summons; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

    Read MoreRead Less
  • 08/20/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 08/20/2015
  • SUMMONS

    Read MoreRead Less
  • 08/20/2015
  • Complaint; Filed by Interinsurance Exchange of the Automobile (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC592069    Hearing Date: June 22, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, etc.,

Plaintiff,

vs.

BYRON A. ECHEVERRIA, et al.,

Defendants.

CASE NO.: BC592069

[TENTATIVE] ORDER RE: MOTION TO VACATE DEFAULT JUDGMENT

Date: June 22, 2020

Time: 8:30 a.m.

Dept. 56

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

The Court has considered the moving papers. No opposition papers were filed, and no courtesy copies of any opposition papers were provided to the Court.

BACKGROUND

Plaintiff filed a complaint arising from an alleged automobile accident. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) motor vehicle; (2) general negligence; and (3) general negligence.

On December 30, 2016, Plaintiff applied for entry of default against Defendants Byron A. Echeverria (“Echeverria”) and Beidi Lopez-Arreola (“Arreola”) and default was entered against Echeverria and Arreola. On February 15, 2017, the Court entered default judgment against Echeverria and Arreola.

On December 11, 2019, Plaintiff filed a motion to vacate the default and default judgment with respect to Arreola. Plaintiff also requests that the case be dismissed with respect to Arreola. Plaintiff’s motion is unopposed.

California Code of Civil Procedure, Section 581(b)(1) says that a court may dismiss an action “[w]ith or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of costs, if any.” “Pursuant to Code of Civil Procedure section 581, subdivisions (b) and (c), plaintiffs have the right to voluntarily dismiss an entire action, or causes of action within a pleading, before the commencement of trial. A request for dismissal is usually effective upon filing, and no other action by the clerk or court is required.” (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 876.)

Due to Plaintiff’s motion being unopposed, the Court GRANTS IN PART Plaintiff’s motion to vacate the default and default judgment with respect to Arreola and the Court vacates the default and default judgment with respect to Arreola. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court, however, declines to dismiss this action against Arreola. If Plaintiff wishes to dismiss Arreola from this action, Plaintiff should file a request for dismissal form pursuant to Yang.

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@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.

Dated this 22nd day of June 2020

Hon. Holly J. Fujie

Judge of the Superior Court

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