INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS ALEX TANJALA

Tentative Rulings

Case Number: ****0787    Hearing Date: February 05, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Alex Tanjala

The Court has considered the moving papers. No opposition papers were filed. No courtesy copies of any opposition papers were provided to the Court.

BACKGROUND

Plaintiff’s complaint arises from Defendant allegedly rear-ending the insured of Plaintiff. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) subrogation claim; and (2) indebtedness.

On July 18, 2017, Plaintiff requested the entry of default with respect to Defendant and default was entered against Defendant thereto. On December 26, 2017, the Court entered default judgment against Defendant.

Defendant filed a motion for the Court to set aside the default entered against him on July 18, 2017, and the subsequent default judgment entered against him on December 26, 2017. Defendant’s motion is made on the grounds that: (1) service did not result in actual notice because he was not actually served with the summons and complaint; and (2) he has established that it was not avoidance or service or inexcusable neglect that caused him not to receive actual notice.

Due to Defendant’s motion being unopposed, the Court GRANTS Defendant’s motion to set aside the entry of default and default judgment entered against him. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 5th day of February 2020

Case Number: ****0787    Hearing Date: March 11, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Robin E. Paley, Esq.

Robin E. Paley seeks to be relieved as counsel for Defendant Alex Tanjala. Counsel’s motion is compliant with California Rules of Court, Rule 3.1362.

In connection with the motion to be relieved as counsel, Robin E. Paley declares that: (1) the client is avoiding communication with attorney; and (2) there are unresolved issues with client regarding fees and costs.

The Court has discretion on whether to allow an attorney to withdraw, and a motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

In light of the facts above, the Court GRANTS Robin E. Paley’s motion to be relieved as counsel for Defendant Alex Tanjala.

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 11th day of March 2020