This case was last updated from Los Angeles County Superior Courts on 06/20/2019 at 00:08:53 (UTC).

AMANDA GONZALES VS VANESSA CORTES

Case Summary

On 04/17/2017 AMANDA GONZALES filed a Personal Injury - Motor Vehicle lawsuit against VANESSA CORTES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8097

  • Filing Date:

    04/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

GONZALES AMANDA

Defendants and Respondents

CORTES VANESSA

DOES 1 TO 15

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

OSUNA CLAUDIA C. ESQ.

OSUNA CLAUDIA CECILIA ESQ.

 

Court Documents

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

4/17/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

4/17/2017: SUMMONS

Request for Entry of Default / Judgment

4/9/2019: Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death)

4/9/2019: Statement of Damages (Personal Injury or Wrongful Death)

Minute Order

4/5/2019: Minute Order

Minute Order

1/4/2019: Minute Order

Unknown

1/2/2019: Unknown

Request for Entry of Default / Judgment

12/14/2018: Request for Entry of Default / Judgment

Minute Order

10/25/2018: Minute Order

Unknown

10/25/2018: Unknown

Minute Order

10/17/2018: Minute Order

Unknown

10/17/2018: Unknown

Unknown

10/10/2018: Unknown

Minute Order

10/1/2018: Minute Order

PROOF OF SERVICE SUMMONS

9/28/2018: PROOF OF SERVICE SUMMONS

Request for Entry of Default / Judgment

9/28/2018: Request for Entry of Default / Judgment

4 More Documents Available

 

Docket Entries

  • 04/09/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Amanda Gonzales (Plaintiff)

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  • 04/09/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by Amanda Gonzales (Plaintiff)

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  • 04/05/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Not Held - Continued - Party's Motion

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  • 04/05/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 01/04/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held - Continued

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  • 01/04/2019
  • Docketat 08:30 AM in Department 7, Amy D. Hogue, Presiding; (OSC-Failure to File Default Judg) - Not Held - Vacated by Court

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  • 01/04/2019
  • DocketMinute Order ((Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 01/02/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 12/14/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Amanda Gonzales (Plaintiff)

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  • 10/25/2018
  • Docketat 08:30 AM in Department 7, Amy D. Hogue, Presiding; Nunc Pro Tunc Order

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4 More Docket Entries
  • 10/17/2018
  • DocketCertificate of Mailing for (Minute Order (Jury Trial) of 10/17/2018); Filed by Clerk

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  • 10/10/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 10/01/2018
  • Docketat 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 10/01/2018
  • DocketMinute Order; Filed by Clerk

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  • 09/28/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Amanda Gonzales (Plaintiff)

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  • 09/28/2018
  • DocketProof of Personal Service; Filed by Amanda Gonzales (Plaintiff)

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  • 09/28/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/17/2017
  • DocketComplaint; Filed by Amanda Gonzales (Plaintiff)

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  • 04/17/2017
  • DocketSUMMONS

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  • 04/17/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: ****8097    Hearing Date: December 09, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DEFAULT AND TO VACATE JUDGMENT

On April 15, 2015, plaintiff Amanda Gonzales (“Plaintiff”) was involved in a car crash with defendant Vanessa Cortes (“Defendant”). Defendant filed a claim for the accident with her insurer, Frank Loya Insurance, shortly thereafter. On October 17, 2017, Plaintiff filed this action. Plaintiff served Defendant on June 23, 2018. Defendant did not notify Frank Loya Insurance about the lawsuit because she mistakenly believed that her insurer would have already been aware since she filed a claim earlier. However, Frank Loya Insurance was not aware of the lawsuit.

Default was entered on April 9, 2019, and a default judgment was entered on entered on July 18, 2019. Frank Loyal Insurance did not learn about the lawsuit until August 2019 when Plaintiff’s counsel notified it of the default judgment.

The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) allows the court “upon any terms as may be just, [to] relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.

Where a party moves for discretionary relief, “[t]he general rule is that the six-month period within which to bring a motion to vacate under section 473 runs from the date of the default and not from the default judgment taken thereafter.” Rutan v. Summit Sports, Inc. (1985) 173 Cal.App.3d 965, 970.)

Default was entered on April 9, 2019. This motion was brought on October 9, 2019, on the very last day of the six month period. This motion is timely and the Court finds that Defendant’s failure to file a responsive pleading was due to her inadvertent mistake and excusable neglect. Accordingly, Defendant’s unopposed motion is GRANTED and the entry of default and default judgment are vacated. Defendant is ordered to file a responsive pleading within 10 days of the date of this order. Trial is set for May 21, 2020 and the Final Status Conference is set for May 7, 2020.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.



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