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This case was last updated from Los Angeles County Superior Courts on 02/19/2016 at 04:24:30 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO VS GRACE CHEN

Case Summary

On 06/22/2010 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO filed a Contract - Insurance lawsuit against GRACE CHEN. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is OKI, DAN THOMAS. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****9006

  • Filing Date:

    06/22/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

OKI, DAN THOMAS

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE

Defendants

PENG WEI J.

PENG DANNY WEI J.

CHEN GRACE

Attorney/Law Firm Details

Plaintiff Attorney

MYERS HOWARD D.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 12/14/2010
  • Judgment Filed by Attorney for Plaintiff

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  • 12/14/2010
  • Request for Dismissal-Partial ( does 1 thru 10 inclusive ) Filed by Attorney for Plaintiff

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  • 12/14/2010
  • Request for Court Judgment-Default Filed by Attorney for Plaintiff

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  • 10/22/2010
  • Statement-Case Management Filed by Attorney for Plaintiff

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  • 10/19/2010
  • Default Entered (COURT JUDGMENT SENT TO DEPT J W/O FILE ON 12/10/10 (HRG 12/17/10) ) Filed by Attorney for Plaintiff

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  • 09/23/2010
  • Request for Dismissal-Partial Filed by Attorney for Plaintiff

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  • 09/22/2010
  • Rtn of Service of Summons & Compl Filed by Attorney for Plaintiff

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  • 08/24/2010
  • OSC-Failure to File Proof of Serv Filed by Clerk

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  • 08/13/2010
  • Rtn of Service of Summons & Compl Filed by Attorney for Plaintiff

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  • 06/23/2010
  • Notice-Case Management Conference Filed by Clerk

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  • 06/22/2010
  • Complaint Filed

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Tentative Rulings

Case Number: KC059006    Hearing Date: January 28, 2021    Dept: J

HEARING DATE: Thursday, January 28, 2021

NOTICE: OK

RE: State Farm Mutual Automotive Insurance Company v. Chen, et al. (KC059006)

______________________________________________________________________________

 

Defendant Wei-Jei Peng aka Danny Peng’s (erroneously named and served as Wei J. Peng

aka Danny Wei J. Peng) MOTION TO VACATE JUDGMENT AND SET ASIDE

DEFAULT

Responding Party: None (unopposed, as of 1/26/21, 10:33 a.m.; due 1/14/21)

Tentative Ruling

Defendant Wei-Jei Peng aka Danny Peng’s (erroneously named and served as Wei J. Peng

aka Danny Wei J. Peng) Motion to Vacate Judgment and Set Aside Default is DENIED.

Background

Plaintiff State Farm Mutual Automobile Insurance Co. (“Plaintiff”) alleges as follows: On or

about July 16, 2007, Plaintiff’s insured, Josef Sauer (“Sauer”), sustained damages in a car crash

involving a vehicle owned by Grace Chen (“Chen”) and operated by Wei J. Peng aka Danny Wei

P. Peng (“Peng”).

On June 22, 2010, Plaintiff filed a Complaint for Subrogation Recovery against Chen, Peng and Does 1-10.

On September 23, 2010, Chen was dismissed. On October 19, 2020, Peng’s default was entered. On December 14, 2010, default judgment was entered against Peng.

On March 17, 2020, an “Application for and Renewal of Judgment” was filed. On April 2, 2020, a “Notice of Renewal of Judgment” was filed.

Discussion

Peng moves to vacate the default judgment entered against him on December 14, 2010, on the basis that service of process was improper.

“A notice of motion must state in the opening paragraph the nature of the order bring sought and the grounds for issuance of the order.” (California Rules of Court Rule 3.1110, subd. (a); Code Civ. Proc., § 1010 [“Notices must be in writing, and the notice of a motion, . . . must state when, and the grounds upon which it will be made. . .”].) The court generally cannot grant different relief, or relief on different grounds, than stated in the notice of motion. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124; People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.)

Plaintiff’s notice of motion identifies that the motion is brought pursuant to Code of Civil Procedure § 473, subdivision (d). This code section provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment of order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

When a motion to vacate a default judgment is made on the ground that the judgment is void for lack of proper service, the limitation period contained in Code of Civil Procedure § 473.5 (motion to set aside default and defend action where service of summons has not resulted in actual notice), applies by analogy. (Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1116.) Relief, then, must be sought no later than 2 years after entry of the default judgment. (Id.)

The motion is summarily denied as untimely. Default judgment was entered against Peng on December 14, 2010. The instant motion was filed on December 15, 2020, well in excess of 2 years after entry of the default judgment.

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