This case was last updated from Los Angeles County Superior Courts on 01/05/2021 at 20:29:03 (UTC).

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 Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7989

  • Filing Date:

    02/18/2010

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • 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

Minute Order - MINUTE ORDER ENTERED: 2011-01-05 00:00:00

1/5/2011: Minute Order - MINUTE ORDER ENTERED: 2011-01-05 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

1/10/2011: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

SUBSTITUTION OF ATTORNEY -

11/22/2016: SUBSTITUTION OF ATTORNEY -

SUBSTITUTION OF ATTORNEY -

6/4/2018: SUBSTITUTION OF ATTORNEY -

Proof of Service (not Summons and Complaint)

7/14/2020: Proof of Service (not Summons and Complaint)

Motion to Set Aside/Vacate Dismissal

7/14/2020: Motion to Set Aside/Vacate Dismissal

Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL

7/14/2020: Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL

Memorandum of Points & Authorities

7/14/2020: Memorandum of Points & Authorities

Notice of Case Reassignment and Order for Plaintiff to Give Notice

7/15/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice Re: Continuance of Hearing and Order

7/17/2020: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

10/8/2020: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

12/3/2020: Notice Re: Continuance of Hearing and Order

Motion to Set Aside/Vacate Dismissal

12/7/2020: Motion to Set Aside/Vacate Dismissal

Proof of Service (not Summons and Complaint)

12/7/2020: Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities

12/7/2020: Memorandum of Points & Authorities

Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL

12/7/2020: Declaration - DECLARATION OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL

4 More Documents Available

 

Docket Entries

  • 01/13/2021
  • 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)

    Read MoreRead Less
  • 12/07/2020
  • 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

    Read MoreRead Less
  • 12/07/2020
  • DocketMemorandum of Points & Authorities; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 12/07/2020
  • DocketProof of Service (not Summons and Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 12/07/2020
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 12/07/2020
  • DocketDeclaration (OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 12/03/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

    Read MoreRead Less
  • 10/15/2020
  • 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

    Read MoreRead Less
  • 10/08/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

    Read MoreRead Less
  • 08/14/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Non-Appearance Case Review - Not Held - Vacated by Court

    Read MoreRead Less
27 More Docket Entries
  • 06/15/2010
  • DocketDemand for Jury Trial; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 06/15/2010
  • DocketAnswer; Filed by RIGOBERTO VEGA AVILA (Defendant); LILIA AVILA (Defendant)

    Read MoreRead Less
  • 05/25/2010
  • DocketRtn of Service of Summons & Compl

    Read MoreRead Less
  • 05/25/2010
  • DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 05/25/2010
  • DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 05/06/2010
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 02/22/2010
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 02/18/2010
  • DocketComplaint; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 02/18/2010
  • DocketSummons (on Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less
  • 02/18/2010
  • DocketCivil Case Cover Sheet; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)

    Read MoreRead Less

Tentative Rulings

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:

  1. General Negligence

  2. Motor Vehicle

  3. 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:

  1. General Negligence

  2. Motor Vehicle

  3. 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).