STATE FARM MUTUAL AUTOMOBILE VS RIGOBERTO VEGA AVILA
Case Summary
On 02/18/2010 STATE FARM MUTUAL AUTOMOBILE filed a Personal Injury - Motor Vehicle lawsuit against RIGOBERTO VEGA AVILA. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are MINTO, R. BRUCE and GLORIA WHITE-BROWN. The case status is Disposed - Dismissed.
Case Details
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Case Number:
****7989
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Filing Date:
02/18/2010
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Case Status:
Disposed - Dismissed
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Courthouse:
Pomona Courthouse South
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
MINTO, R. BRUCE
GLORIA WHITE-BROWN
Party Details
Plaintiff
STATE FARM MUTUAL AUTOMOBILE INSURANCE
Defendants
AVILA RIGOBERTO VEGA
AVILA LILIA
Not Classified By Court
WRIGHT DAVID M.
Attorney/Law Firm Details
Plaintiff Attorneys
KAMRATH SCOTT R. LAW OFFICES OF
PLEASANT JOSEPH M
Defendant Attorney
PARK JIMMY LAW OFFICES OF
Court Documents
1/5/2011: Minute Order - MINUTE ORDER ENTERED: 2011-01-05 00:00:00
1/10/2011: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE
11/22/2016: SUBSTITUTION OF ATTORNEY -
6/4/2018: SUBSTITUTION OF ATTORNEY -
7/14/2020: Proof of Service (not Summons and Complaint)
7/14/2020: Motion to Set Aside/Vacate Dismissal
7/14/2020: Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL
7/14/2020: Memorandum of Points & Authorities
7/15/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice
7/17/2020: Notice Re: Continuance of Hearing and Order
10/8/2020: Notice Re: Continuance of Hearing and Order
12/3/2020: Notice Re: Continuance of Hearing and Order
12/7/2020: Motion to Set Aside/Vacate Dismissal
12/7/2020: Proof of Service (not Summons and Complaint)
12/7/2020: Memorandum of Points & Authorities
12/7/2020: Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL
Docket Entries
- 01/13/2021
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Hearing01/13/2021 at 10:00 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)
- 12/07/2020
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Docketat 10:00 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Not Held - Continued - Court's Motion
- 12/07/2020
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DocketMemorandum of Points & Authorities; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 12/07/2020
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DocketProof of Service (not Summons and Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 12/07/2020
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DocketMotion to Set Aside/Vacate Dismissal; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 12/07/2020
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DocketDeclaration (OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 12/03/2020
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DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
- 10/15/2020
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Docketat 10:00 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Not Held - Continued - Court's Motion
- 10/08/2020
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DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
- 08/14/2020
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Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Non-Appearance Case Review - Not Held - Vacated by Court
- 06/15/2010
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DocketDemand for Jury Trial; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 06/15/2010
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DocketAnswer; Filed by RIGOBERTO VEGA AVILA (Defendant); LILIA AVILA (Defendant)
- 05/25/2010
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DocketRtn of Service of Summons & Compl
- 05/25/2010
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DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 05/25/2010
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DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 05/06/2010
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DocketOSC-Failure to File Proof of Serv; Filed by Clerk
- 02/22/2010
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DocketNotice of Case Management Conference; Filed by Clerk
- 02/18/2010
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DocketComplaint; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 02/18/2010
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DocketSummons (on Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
- 02/18/2010
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DocketCivil Case Cover Sheet; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
Tentative Rulings
Case Number: KC057989 Hearing Date: February 05, 2021 Dept: J
HEARING DATE: Friday, February 5, 2021
NOTICE: See below[1]
RE: State Farm Mutual Automobile Insurance Company v. Avila, et al. (KC057989)
______________________________________________________________________________
Plaintiff State Farm Mutual Automobile Insurance Company’s MOTION TO VACATE DISMISSAL
Responding Party: None (unopposed, as of 1/26/21, 12:02 p.m.)
Tentative Ruling
The hearing on Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to
Vacate Dismissal is CONTINUED to March 4, 2021 at 10:00 a.m.
Background
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) seeks subrogation against Defendants Rigoberto Vega Avila and Lilia Avila (collectively, “Defendants”) for damages its insured, Gabriela and Walter Goya, sustained in a July 17, 2008 motor vehicle accident.
On February 18, 2010, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-20 for:
General Negligence
Motor Vehicle
Subrogation
On August 16, 2010, Plaintiff dismissed Lilia Avila, without prejudice.
On December 29, 2010, Plaintiff filed a conditional “Notice of Settlement of Entire Case.” On January 5, 2011, the court dismissed the case, without prejudice, and retained jurisdiction to enforce the settlement agreement, including the judgment.
Discussion
The hearing is continued to March 4, 2021 at 10 a.m. The court cautions Plaintiff that no further continuances of the hearing will be provided.
The proof of service accompanying the motion re-filed on December 7, 2020 reflects that notice of the motion was provided to Rigoberto Vega Avila at the Riverside address listed in Exhibit B to Attorney Joseph Pleasant’s declaration. Notice was also provided to attorney Jimmy Y. Park at the following address: “DOHERTY & CATLOW 801 South Grand Avenue #200 Los Angeles, CA 90017.” Although the foregoing address was Park’s address of record as of January 10, 2011 (i.e., the date of the last document filed by Park in this case), the court notes that the case was dismissed nearly 10 years ago, on January 5, 2011.
As of January 13, 2021 at 9:56 a.m., there is one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address, namely “Bowman and Brooke LLP, 970 W 190th St Ste 700, Torrance, CA 90502,” than the Grand Avenue address set forth above.
On January 7, 2021, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the court, on its own motion, continued the January 13, 2021 hearing to February 5, 2021. On January 12, 2021, a proof of service was filed, which reflects that Pleasant’s firm served the “Notice Re: Continuance of Hearing and Order” by overnight mail to Avila and Park (i.e., at Park’s former address).
Plaintiff’s counsel is instructed to provide Code-compliant notice to Avila, as well as to Jimmy Y. Park at the following address: “Bowman and Brooke LLP, 970 W 190th St Ste 700, Torrance, CA 90502.” Plaintiff’s counsel is further instructed to file a Substitution of Attorney.
[1] The motion was filed (and mail-served to “Jimmy Y. Park, Esq.” only) on July 14, 2020. On July 15, 2020, a “Notice of Case Reassignment and Order for Plaintiff to Give Notice” was filed, in which the case was ordered reassigned to this instant department; notice was given to “Park, Jimmy Law Offices of,” who was in turn instructed to give notice of the foregoing by serving a copy of same on all parties within 10 days of service of the notice, and to file a proof of service thereof within 12 days of the notice. There is no indication on ecourt that Park provided notice as instructed. On July 17, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, set the motion for hearing on October 15, 2020; notice was given to Plaintiff’s prior counsel (i.e., Scott Kamrath), Park and mediator David Wright. On October 8, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, rescheduled the October 15, 2020 hearing to December 7, 2020; notice was given to Joseph Pleasant (i.e., Plaintiff’s current counsel) and Park. On December 3, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, rescheduled the December 7, 2020 hearing to January 13, 2021; notice was given to Pleasant and Park.
On December 7, 2020, Plaintiff re-filed the instant motion; the accompanying proof of service reflects that mail service was made on that date to Rigoberto Vega Avila (“Avila”) and to Park. As of January 13, 2021 at 9:56 a.m., there was one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address (i.e., Bowman and Brooke LLP, 970 W 190th St Ste. 700, Torrance, CA 90502) than the one Park was affiliated with in 2011. It does not appear that any of the court notices referenced above were provided to Jimmy Y. Park’s current firm and address.
On January 7, 2021, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the court, on its own motion, continued the January 13, 2021 hearing to February 5, 2021; notice was given to Pleasant, Park (i.e., at his former address) and Wright. On January 12, 2021, a proof of service was filed, which reflects that Pleasant’s firm had served the “Notice Re: Continuance of Hearing and Order” by overnight mail to Avila and Park (i.e., at Park’s former address).
Case Number: KC057989 Hearing Date: January 13, 2021 Dept: J
HEARING DATE: Wednesday, January 13, 2021
NOTICE: See below[1]
RE: State Farm Mutual Automobile Insurance Company v. Avila, et al. (KC057989)
______________________________________________________________________________
Plaintiff State Farm Mutual Automobile Insurance Company’s MOTION TO VACATE DISMISSAL
Responding Party: None (unopposed, as of 12/31/20, 2:05 p.m.)
Tentative Ruling
The hearing on Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to
Vacate Dismissal is CONTINUED to February 5, 2021 at 10 a.m.
Background
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) seeks subrogation against Defendants Rigoberto Vega Avila and Lilia Avila (collectively, “Defendants”) for damages its insured, Gabriela and Walter Goya, sustained in a July 17, 2008 motor vehicle accident.
On February 18, 2010, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-20 for:
General Negligence
Motor Vehicle
Subrogation
On August 16, 2010, Plaintiff dismissed Lilia Avila, without prejudice.
On December 29, 2010, Plaintiff filed a conditional “Notice of Settlement of Entire Case.” On January 5, 2011, the court dismissed the case, without prejudice, and retained jurisdiction to enforce the settlement agreement, including the judgment.
Discussion
The court will continue the hearing on the motion to February 5, 2021 at 10 a.m.
The proof of service accompanying the motion re-filed on December 7, 2020 reflects that notice of the motion was provided to Rigoberto Vega Avila at the Riverside address listed in Exhibit B to Attorney Joseph Pleasant’s declaration. Notice was also provided to attorney Jimmy Y. Park at the following address: “DOHERTY & CATLOW 801 South Grand Avenue #200 Los Angeles, CA 90017.” Although the foregoing address was Park’s address of record as of January 10, 2011 (i.e., the date of the last document filed by Park in this case), the court notes that the case was dismissed nearly 10 years ago, on January 5, 2011.
As of December 31, 2020 at 2:08 p.m., there is one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address than the one set forth above, namely “Bowman and Brooke LLP, 970 W 190th St Ste 700, Torrance, CA 90502.” Plaintiff’s counsel is instructed to provide notice to Jimmy Y. Park at this address.
Plaintiff’s counsel is instructed to file a Substitution of Attorney.
[1] The motion was filed (and mail-served to “Jimmy Y. Park, Esq.” only) on July 14, 2020. On July 15, 2020, a “Notice of Case Reassignment and Order for Plaintiff to Give Notice” was filed, in which the case was ordered reassigned to this instant department; notice was given to “Park, Jimmy Law Offices of,” who was in turn instructed to give notice of the foregoing by serving a copy of same on all parties within 10 days of service of the notice, and to file a proof of service thereof within 12 days of the notice. There is no indication on ecourt that Park provided notice as instructed. On July 17, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, set the motion for hearing on October 15, 2020; notice was given to Plaintiff’s prior counsel (i.e., Scott Kamrath), Park and mediator David Wright. On October 8, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, rescheduled the October 15, 2020 hearing to December 7, 2020; notice was given to Joseph Pleasant (i.e., Plaintiff’s current counsel) and Park. On December 3, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, rescheduled the December 7, 2020 hearing to January 13, 2021; notice was given to Pleasant and Park.
On December 7, 2020, Plaintiff re-filed the instant motion; the accompanying proof of service reflects that mail service was made on that date to Rigoberto Vega Avila and to Park.
However, please note that, as of December 31, 2020 at 2:08 p.m., there is one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address than the one Park was affiliated with in 2011. It does not appear that any of the court notices were provided to Jimmy Y. Park’s current firm and address.
Case Number: KC057989 Hearing Date: December 07, 2020 Dept: J
HEARING DATE: Monday, December 7, 2020
NOTICE: See below[1]
RE: State Farm Mutual Automobile Insurance Company v. Avila, et al. (KC057989)
______________________________________________________________________________
Plaintiff State Farm Mutual Automobile Insurance Company’s MOTION TO VACATE DISMISSAL
Responding Party: None (unopposed, as of 11/23/20, 2:17 p.m.)
Tentative Ruling
The hearing on Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to
Vacate Dismissal is CONTINUED to January 13, 2021 at 10:00 a.m.
Background
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) seeks subrogation against Defendants Rigoberto Vega Avila and Lilia Avila (collectively, “Defendants”) for damages its insured, Gabriela and Walter Goya, sustained in a July 17, 2008 motor vehicle accident.
On February 18, 2010, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-20 for:
General Negligence
Motor Vehicle
Subrogation
On August 16, 2010, Plaintiff dismissed Lilia Avila, without prejudice.
On December 29, 2010, Plaintiff filed a conditional “Notice of Settlement of Entire Case.” On January 5, 2011, the court dismissed the case, without prejudice, and retained jurisdiction to enforce the settlement agreement, including the judgment.
Discussion
The court will continue the hearing on the motion to January 13,2021 at 10:00 a.m.
The proof of service accompanying the motion reflects that notice of the motion was provided to Attorney Jimmy Park only, at the following address: “DOHERTY & CATLOW 801 South Grand Avenue #200 Los Angeles, CA 90017.” Although the foregoing address was Park’s address of record as of January 10, 2011 (i.e., the date of the last document filed by Park in this case), the court notes that the case was dismissed nearly 10 years ago, on January 5, 2011.
As of November 23, 2020 at 2:07 p.m., there is one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address than the one set forth above, namely “Bowman and Brooke LLP, 970 W 190th St Ste 700, Torrance, CA 90502.”
Additionally, although there has been no Substitution of Attorney filed on behalf of Rigoberto Vega Avila, due to the significant passage of time, the court determines that Code of Civil Procedure § 1005(b) notice of the motion must likewise be provided to Rigoberto Vega Avila, both to the Riverside address listed in Exhibit B to Attorney Joseph Pleasant’s declaration and to any other address for Rigoberto Vega Avila of which Plaintiff is aware.
Plaintiff’s counsel is further instructed to file a Substitution of Attorney.
[1] The motion was filed (and mail-served to “Jimmy Y. Park, Esq.” only) on July 14, 2020. On July 15, 2020, a “Notice of Case Reassignment and Order for Plaintiff to Give Notice” was filed, in which the case was ordered reassigned to this instant department; notice was given to “Park, Jimmy Law Offices of,” who was in turn instructed to give notice of the foregoing by serving a copy of same on all parties within 10 days of service of the notice, and to file a proof of service thereof within 12 days of the notice. There is no indication on ecourt that Park provided notice as instructed. On July 17, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, set the motion for hearing on October 15, 2020; notice was given to Plaintiff’s prior counsel (i.e., Scott Kamrath), Park and mediator David Wright. On October 8, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, rescheduled the October 15, 2020 hearing to December 7, 2020 at 10:00 a.m.; notice was given to Joseph Pleasant (i.e., Plaintiff’s current counsel) and Park.
Please note that, as of November 23, 2020 at 2:07 p.m., there is one listing on the California State Bar that would match “Jimmy Y. Park,” which is for “Jimmy Yongki Park.” This listing reflects a different firm and address than the one Park was affiliated with in 2011.
Case Number: KC057989 Hearing Date: October 15, 2020 Dept: J
HEARING DATE: Thursday, October 15, 2020
NOTICE: OK[1]
RE: State Farm Mutual Automobile Insurance Company v. Avila, et al. (KC057989)
______________________________________________________________________________
Plaintiff State Farm Mutual Automobile Insurance Company’s MOTION TO VACATE DISMISSAL
Responding Party: None (unopposed, as of 10/2/20, 2:49 p.m.; due 10/1/20)
Tentative Ruling
The hearing on Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to
Vacate Dismissal is CONTINUED TO December 7, 2020 at 10:00 a.m.
Background
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) seeks subrogation against Defendants Rigoberto Vega Avila and Lilia Avila (collectively, “Defendants”) for damages its insured, Gabriela and Walter Goya, sustained in a July 17, 2008 motor vehicle accident.
On February 18, 2010, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-20 for:
General Negligence
Motor Vehicle
Subrogation
On August 16, 2020, Plaintiff dismissed Lilia Avila, without prejudice.
On December 29, 2010, Plaintiff filed a conditional “Notice of Settlement of Entire Case.” On January 5, 2011, the court dismissed the case, without prejudice, and retained jurisdiction to enforce the settlement agreement, including the judgment.
Discussion
The court will continue the hearing on the motion to December 7, 2020 at 10:00 a.m.
The proof of service accompanying the motion reflects that notice of the motion was provided to Attorney Jimmy Park only. The case, however, was dismissed nearly 10 years ago, on January 5, 2011. Although there has been no Substitution of Attorney filed on behalf of Rigoberto Vega Avila, due to the significant passage of time, the court determines that Code of Civil Procedure § 1005(b) notice of the motion must likewise be provided to Rigoberto Vega Avila, both to the Riverside address listed in Exhibit B to Attorney Joseph Pleasant’s declaration and to any other address for Rigoberto Vega Avila of which Plaintiff is aware.
Plaintiff’s counsel is further instructed to file a Substitution of Attorney.
[1] The motion was filed (and mail-served) on July 14, 2020. On July 15, 2020, a “Notice of Case Reassignment and Order for Plaintiff to Give Notice” was filed, in which the case was ordered reassigned to this instant department; notice was given to “Park, Jimmy Law Offices of” (i.e., Defendants’ counsel), who was in turn instructed to give notice of the foregoing by serving a copy of same on all parties within 10 days of service of the notice, and to file a proof of service thereof within 12 days of the notice. There is no indication on ecourt that Park provided notice as instructed. On July 17, 2020, a “Notice Re: Continuance of Hearing and Order” was filed, in which the court, on its own motion, set the motion for hearing on October 15, 2020 at 10:00 a.m.; notice was given to Park, Plaintiff’s prior counsel (i.e., Scott Kamrath) and Plaintiff’s current counsel (i.e., David Wright).
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