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 JON R. TAKASUGI. The case status is Disposed - Dismissed.
****5971
01/06/2017
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
PROGRESSIVE WEST INSURANCE COMPANY
QUEZADA ARTURO
DOES 1 TO 20
FOLGAR RIGOBERTO
NIVINSKUS MARK R. ESQ.
NIVINSKUS MARK ROBERT ESQ.
10/1/2018: Minute Order
1/11/2019: Unknown
1/11/2019: Minute Order
3/13/2019: Unknown
3/13/2019: Minute Order
3/13/2019: Order - Dismissal
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: (Why Plaintiff and/or Plaintiff's Counsel Should Not Be Sanctioned for Failure to Comply with California Rules of Court Section 3.110(b)) - Held
Certificate of Mailing for (Minute Order (Order to Show Cause Re: Why Plaintiff and/or Plaintiff's Coun...) of 03/13/2019); Filed by Clerk
Order - Dismissal; Filed by Clerk
Minute Order ( (Order to Show Cause Re: Why Plaintiff and/or Plaintiff's Coun...)); Filed by Clerk
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (For Failure of Plaintiff to Enter Default Judgment) - Not Held - Vacated by Court
Certificate of Mailing for (Minute Order (Order to Show Cause Re: Dismissal For Failure of Plaintiff to...) of 01/11/2019); Filed by Clerk
Minute Order ((Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)); Filed by Clerk
Order (By the Court to deny Default Judgment); Filed by Clerk
at 08:30 AM in Department 3; (OSC RE Dismissal; Matter continued) -
Minute order entered: 2018-10-01 00:00:00; Filed by Clerk
ORDER DENYING REQUEST FOR DEFAULT JUDGMENT WIHTOUT PREJUDICE
Proof-Service/Summons; Filed by Progressive West Insurance Company (Plaintiff)
PROOF OF SERVICE SUMMONS
Default Entered; Filed by Plaintiff/Petitioner
REQUEST FOR ENTRY OF DEFAULT
Request for Entry of Default / Judgment; Filed by Progressive West Insurance Company (Plaintiff)
Complaint; Filed by Progressive West Insurance Company (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
STATEMENT OF DAMAGES
Case Number: BC645971 Hearing Date: October 29, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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PROGRESSIVE WEST INS. CO., Plaintiff(s), vs. RIGOBERTO FOLGAR, et al., Defendant(s). |
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Case No.: BC645971 [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.