This case was last updated from Los Angeles County Superior Courts on 06/15/2023 at 17:14:15 (UTC).

PROGRESSIVE WEST INSURANCE COMPANY VS RIGOBERTO FOLGAR ET AL

Case Summary

On 01/06/2017 PROGRESSIVE WEST INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against RIGOBERTO FOLGAR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is HOLLY E. KENDIG. The case status is Other.

Case Details Parties Documents Dockets

Case Details

Case Number:
****5971

Filing Date:
01/06/2017

Case Status:
Other

Case Type:

Personal Injury - Motor Vehicle

Court:
Los Angeles County Superior Courts

Courthouse:
Stanley Mosk Courthouse

County, State:
Los Angeles, California

Judge Details

Presiding Judge

HOLLY E. KENDIG

Party Details

Plaintiff

PROGRESSIVE WEST INSURANCE COMPANY

Defendants

QUEZADA ARTURO

FOLGAR RIGOBERTO

Attorney/Law Firm Details

Plaintiff Attorney

NIVINSKUS MARK ROBERT ESQ.

Court Documents

Order - Dismissal

3/13/2019: Order - Dismissal

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY PLAINTIFF AND/OR PLAINTIFF'S COUN...)

3/13/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY PLAINTIFF AND/OR PLAINTIFF'S COUN...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY PLAINTIFF AND/OR PLAINTIFF'S COUN...) OF 03/13/2019

3/13/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY PLAINTIFF AND/OR PLAINTIFF'S COUN...) OF 03/13/2019

Minute Order - Minute Order (Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)

1/11/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Dismissal For Failure of Plaintiff to...) of 01/11/2019

1/11/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Dismissal For Failure of Plaintiff to...) of 01/11/2019

Minute Order - Minute order entered: 2018-10-01 00:00:00

10/1/2018: Minute Order - Minute order entered: 2018-10-01 00:00:00

Motion to Set Aside/Vacate Dismissal

9/13/2019: Motion to Set Aside/Vacate Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473)) OF 10/29/2019

10/29/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473)) OF 10/29/2019

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

10/29/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

Request for Dismissal

4/21/2020: Request for Dismissal

Docket Entries

04/21/2020

DocketOn the Complaint filed by PROGRESSIVE WEST INSURANCE COMPANY on 01/06/2017, entered Request for Dismissal without prejudice filed by Progressive West Insurance Company as to the entire action
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01/06/2020

DocketProceeding/Event:OSC RE Dismissal Marc D. Gross 8:30 am
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10/29/2019

DocketUpdated -- Order - Dismissal: Result: Vacated; Result Date: 10/29/2019
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10/29/2019

DocketDismissal entered on 03/13/2019, as to entire action is Vacated - Motion to Set Aside/Vacate Dismissal - granted on 10/29/19.
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10/29/2019

DocketTrial Setting Conference & Order to Show Cause re: Dismissal for Failure to File Proof of Service scheduled for 01/07/2020 at 08:30 AM in Spring Street Courthouse at Department 3
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10/29/2019

DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))
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10/29/2019

DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 10/29/2019; Filed by: Clerk
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10/29/2019

DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 10/29/2019 at 01:30 PM in Spring Street Courthouse at Department 3 updated: Result Date to 10/29/2019; Result Type to Held
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09/13/2019

DocketMotion to Set Aside/Vacate Dismissal; Filed by: Progressive West Insurance Company (Plaintiff)
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09/13/2019

DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 10/29/2019 at 01:30 PM in Spring Street Courthouse at Department 3
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34 More Docket Entries

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10/04/2017

DocketMinute order entered: 2017-10-04 00:00:00
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10/04/2017

DocketDocument:Order Filed by: Court
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08/10/2017

DocketDocument:Proof-Service/Summons Filed by: Attorney for Plaintiff/Petitioner
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08/07/2017

DocketRequest for Entry of Default / Judgment; Entered by: Progressive West Insurance Company (Plaintiff); As to: Arturo Quezada (Defendant)
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08/07/2017

DocketDefault entered as to Arturo Quezada; On the Complaint filed by PROGRESSIVE WEST INSURANCE COMPANY on 01/06/2017
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08/07/2017

DocketDocument:Default Entered Filed by: Attorney for Pltf/Petnr
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01/09/2017

DocketCalendaring:OSC RE Dismissal 01/06/20 at 8:30 am Michelle Williams Court
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01/09/2017

DocketCalendaring:Final Status Conference 06/22/18 at 8:30 am Michelle Williams Court
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01/06/2017

DocketDocument:Complaint Filed by: N/A
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01/06/2017

DocketCase Filed/Opened:Motor Vehicle - PI/PD/WD
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Tentative Rulings

Case Number: ****5971 Hearing Date: October 29, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

PROGRESSIVE WEST INS. CO.,

Plaintiff(s),

vs.

RIGOBERTO FOLGAR, et al.,

Defendant(s).

)

Case No.: ****5971

[TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL

Dept. 3

1:30 p.m.

October 29, 2019

Plaintiff, Progressive West Insurance Company filed this action against Defendants, Rigoberto Folgar and Arturo Quezada for subrogation arising out of an automobile accident with its insured. Plaintiff filed the complaint on 1/06/17. On 11/01/18, after denying requests for default judgment without prejudice three times, the Court issued an order denying a request for default judgment against Quezada with prejudice. On 3/13/19, the Court held an OSC re: dismissal. Because no party appeared, the Court dismissed the entire action with prejudice.

At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the OSC was due to a calendaring error in his office. The motion is granted. CCP ;473(b). The Court notes that this ruling does NOT affect the Court’s prior 11/01/18 denial of Plaintiff’s request for default judgment against Quezada, with prejudice.

The Court also notes that, to date, Plaintiff has not filed proof of service of the summons and complaint on Folgar. As detailed above, Plaintiff filed this action on 1/06/17, more than two years ago. The Court sets an OSC re: dismissal for failure to file proof of service and trial setting conference for Tuesday, 1/07/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

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