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.
****7989
02/18/2010
Disposed - Dismissed
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
MINTO, R. BRUCE
GLORIA WHITE-BROWN
STATE FARM MUTUAL AUTOMOBILE INSURANCE
AVILA RIGOBERTO VEGA
AVILA LILIA
WRIGHT DAVID M.
KAMRATH SCOTT R. LAW OFFICES OF
PLEASANT JOSEPH M
PARK JIMMY LAW OFFICES OF
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
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)
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
DocketMemorandum of Points & Authorities; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketMotion to Set Aside/Vacate Dismissal; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketDeclaration (OF JOSEPH M PLEASANT ESQ ISO MOTION TO VACATE DISMISSAL); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
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
DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Non-Appearance Case Review - Not Held - Vacated by Court
DocketDemand for Jury Trial; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketAnswer; Filed by RIGOBERTO VEGA AVILA (Defendant); LILIA AVILA (Defendant)
DocketRtn of Service of Summons & Compl
DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketProof of Service by Substituted Service; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketNotice of Case Management Conference; Filed by Clerk
DocketComplaint; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketSummons (on Complaint); Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
DocketCivil Case Cover Sheet; Filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE (Plaintiff)
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).