Judge: Lee S. Arian, Case: 21STCV26591, Date: 2024-12-03 Tentative Ruling

Case Number: 21STCV26591    Hearing Date: December 3, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO VACATE DEFAULT JUDGMENT

Hearing Date: 12/3/24 

CASE NO./NAME: 21STCV26591 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS ADAM VICTOR SCHWARTZ

Moving Party: Defendant ADAM VICTOR SCHWARTZ

Responding Party: Unopposed

Notice: Insufficient 

Ruling: DENIED WITHOUT PREJUDICE

On July 20, 2021, Plaintiff Interinsurance Exchange of the Automobile Club filed the present subrogation action against Defendant Adam Victor Schwartz. On October 7, 2022, the Court entered default judgment against Defendant. Defendant, in pro per, now moves the Court to set aside the default and default judgment.

Defendant’s motion does not include a proof of service. Plaintiff is represented by James Aguirre of the Law Offices of Richardson, Fair & Cohen and Steven Horn of the Law Offices of Steven J. Horn. There is no proof that either of these counsel were served with the motion or had an opportunity to respond. Accordingly, the motion is denied without prejudice.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.