Judge: Layne H. Melzer, Case: 2016-00883633, Date: 2023-08-24 Tentative Ruling

Plaintiff State Farm Mutual Insurance Company

Motion to Set Aside/Enter Judgment

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) requests the Court enter Judgment against Defendant Christian Bryan Monroy (“Defendant”) in the amount of $67,203.67 pursuant to the Stipulation for Entry of Judgment.

Plaintiff’s proof of service states the notice of motion and moving papers were served by mail on Defendant.  Defendant is represented by counsel in this matter – Law Office of Andrew W. Macrae.  (Answer.)  No substitution of attorney has been filed.  “[I]n all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt.”  (Civ. Proc., § 1015.)  Plaintiff did not properly serve the notice of motion and moving papers on Defendant. 

Accordingly, the motion is continued to October 19, 2023 at 2:00 PM in Department C12.  No later than September 14, 2023, Plaintiff shall file a proof of service showing the notice and moving papers were properly served on Defendant. 

Plaintiff shall give notice.