Judge: Katherine Chilton, Case: 20STLC10051, Date: 2023-04-06 Tentative Ruling

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Case Number: 20STLC10051     Hearing Date: April 6, 2023    Dept: 25

PROCEEDINGS:      MOTION TO VACATE JUDGMENT

MOVING PARTY:   Plaintiff Anchor General Insurance Co.

RESP. PARTY:         None

MOTION TO VACATE JUDGMENT

(CCP § 187)

TENTATIVE RULING:

Plaintiff Anchor General Insurance Co.’s Motion to Vacate Judgment is PLACED OFF CALENDAR as MOOT.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of April 3, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of April 3, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On December 1, 2020, Plaintiff Anchor General Insurance Co. (“Plaintiff”) filed an action against Defendants Christian Diaz (“Diaz”) and Premier Auto Sales LLC (“Premier Auto”), (collectively “Defendants”), for subrogation.

On March 22, 2021, based on Plaintiff’s request, the Court entered default against Defendants Diaz and Premier Auto.  (3-22-21 Request for Entry of Default.)

On May 16, 2022, Plaintiff filed an Amendment to Complaint adding Gilbert Sanchez dba Premier Auto Sales (“Sanchez”) as Defendant Doe 2.  (5-16-22 Amendment.)

On May 18, 2022, Plaintiff filed a Request for Dismissal of Defendant Premier Auto without prejudice.  (5-18-22 Request for Dismissal.)  Dismissal was entered on May 23, 2022.  (Ibid.)

On September 26, 2022, based on Plaintiff’s request, the Court entered default against Defendant Sanchez.  (9-26-22 Request for Entry of Default.)

On November 22, 2022, based on Plaintiff’s request, the Court dismissed Does 1 through 10.  (11-22-22 Request for Dismissal.)

On the same day, the Court denied Plaintiff’s Request for Default Judgment.  (11-22-22 Notice of Rejection.)

            On January 31, 2023, Plaintiff filed the instant Motion to Vacate Judgment (“Motion”).  Plaintiff has filed the Motion on the moving papers and will not appear at the hearing.  (Mot. p. 2.)

No opposition has been filed.

II.              Legal Standard

Code of Civil Procedure § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.”  “Section 187 contemplates amending a judgment by noticed motion.  [Citations.]  The court is not required to hold an evidentiary hearing on a motion to amend a judgment, but may rule on the motion based solely on declarations and other written evidence.  [Citation.]”  (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280.)  “In the interests of justice, the ‘‘‘greatest liberality is to be encouraged’’’ in the allowance of amendments brought pursuant to Code of Civil Procedure section 187.  [Citation.]”  (Wells Fargo Bank, N.A. v. Weinberg (2014) 227 Cal.App.4th 1, 7.)

In addition, pursuant to Code of Civil Procedure §473(b), both discretionary and mandatory relief is available to parties when a case is dismissed.  Discretionary relief is available under the statute as “the court may, upon any terms as may be just, relieve a party or his or her legal representative from judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  (Code of Civ. Proc. § 473(b).)  Alternatively, mandatory relief is available when “accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.”  (Ibid.)  Under this statute, an application for discretionary or mandatory relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding from which relief is sought.  (Code Civ. Proc., § 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

“‘[W]hen relief under section 473¿is¿available, there is a strong¿public¿policy¿in¿favor¿of granting relief and allowing the requesting party his or her day in court…[Citation.]” (Rappleyea v. Campbell¿(1994) 8 Cal. 4th 975, 981-82.)

III.            Discussion

Here, Plaintiff moves for an order vacating default judgment entered against Defendant Sanchez on November 22, 2022.  (Anderson Decl. ¶ 2.)  Plaintiff states that it “mistakenly obtained Judgment against Defendant GILBERT SANCHEZ DBA PREMIER AUTO SALES before obtaining Default against Defendant CHRISTIAN DIAZ.”  (Ibid. at ¶ 3.)

The Court notes that on November 22, 2022, the Court denied Plaintiff’s Request for Default Judgment.  (11-22-22 Notice of Rejection.)  Furthermore, default was entered against Defendant Diaz on March 22, 2021, and against Defendant Sanchez on September 26, 2022.  (3-22-21 Request for Entry of Default; 9-26-22 Request for Entry of Default.)

Accordingly, given that default judgment has not been entered, the instant Motion is placed off calendar as MOOT.

IV.           Conclusion & Order

For the foregoing reasons,

Plaintiff Anchor General Insurance Co.’s Motion to Vacate Judgment is PLACED OFF CALENDAR as MOOT.

Moving party is ordered to give notice.