On May 22, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Amica Mutual Insurance Company,
and
Algami, Adel,
Calgaro, Damiano Davide,
for (22) Limited Auto - under 10,000
in the District Court of San Mateo County.
Preview
Case Number: CLJ533954
SUPERIOR COURT OF SAN MATEO COUNTY
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
AMICA MUTUAL, ETAL VS DAMIANO DAVIDE CALGARO, ETAL CLJ533954
09/05/2017 9:00 AM
Motion to Set Aside
Judicial Officer: Buchwald, Gerald J Location: Courtroom 8D
Courtroom Clerk: Courtroom Reporter:
Parties Present
Exhibits
Minutes
Journals
- THE DEFENDANT PRESENT PRO-PER.
NO APPEARANCE BY OR FOR THE PLAINTIFF(S).
THE DEFENDANT FAILED TO GIVE NOTICE TO THE PLAINTIFF(S) OF HIS APPEARANCE.
THE COURT WILL NOT PROCEED WITH HEARING.
THE COURT DIRECTS THE DEFENDANT TO CONTACT OPPOSING COUNSEL.
OFF-CALENDAR. As further noted below, this matter is Ordered Off-Calendar due to lack of jurisdiction
in the Court to hear the Defendant Damiano David Calgaro's Motion To Set Aside Default Judgment. This
Order is without prejudice to the Motion being re-newed once it is properly served on Plaintiff AMICA
Mutual.
In June of 2012, over five years ago, Defendant Calgaro drove a 2001 Ford automobile, owned by
Defendant Adel Algami, was allegedly negligent, and collided with John Funghi, thereby causing
approximately $8500 in property damage to Mr. Funghi's 2007 Hundai automobile.
Plaintiff AMICA Mutual Ins. Co. timely paid the loss on behalf of its insured Mr. Funghi and later, in May
2015 brought this subrogation action against Defendants Calgaro and Algami seeking reimbursement for
what was paid out under Mr. Funghi's auto insurance policy. Substituted Service by a registered process
server, which is entitled to a presumption of validity, was made on Mr. Calgaro in June 2015, and a proof
of service is on file.
However, Mr. Calgaro did not respond to the Summons & Complaint, and ignored this lawsuit until now
after he received notice from DMV, apparently earlier this year, that his driver's license has been
suspended for failure to satisfy the Default Judgment entered by the Court (Hon. Richard C. Livermore)
in August 2016.
1
Case Number: CLJ533954
While Mr. Calgaro has now filed his Motion to set aside that Default Judgment, it appears that he did
not serve a copy on AMICA Mutual or its Counsel Prober & Raphael. The Court file contains no proof of
service or return on service of Mr. Calgaro's Motion and supporting motion papers. Accordingly, the
Court cannot hear the Motion at this time.
If the Tentative Ruling is uncontested, it shall stand as the Order of the Court, no other notice or Order
being required. The Tentative Ruling having afforded sufficient notice to the Parties. Once the Court's
Order has been entered on the Minutes, the Clerk of the Court shall serve by mail a copy of the entered
Minute Order on Defendant Damiano David Calgaro at his South San Francisco address on file with the
Court.
Case Events
Others
Comments:
Future Hearings and Vacated Hearings
2
Document Filed Date
September 05, 2017
Case Filing Date
May 22, 2015
Category
(22) Limited Auto - under 10,000
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Preview
Case Number: CLJ533954 SUPERIOR COURT OF SAN MATEO COUNTY 400 County Center 1050 Mission Road Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order AMICA MUTUAL, ETAL VS DAMIANO DAVIDE CALGARO, ETAL CLJ533954 09/05/2017 9:00 AM Motion to Set Aside Judicial Officer: Buchwald, Gerald J Location: Courtroom 8D Courtroom Clerk: Courtroom Reporter: Parties Present Exhibits Minutes Journals - THE DEFENDANT PRESENT PRO-PER. NO APPEARANCE BY OR FOR THE PLAINTIFF(S). THE DEFENDANT FAILED TO GIVE NOTICE TO THE PLAINTIFF(S) OF HIS APPEARANCE. THE COURT WILL NOT PROCEED WITH HEARING. THE COURT DIRECTS THE DEFENDANT TO CONTACT OPPOSING COUNSEL. OFF-CALENDAR. As further noted below, this matter is Ordered Off-Calendar due to lack of jurisdiction in the Court to hear the Defendant Damiano David Calgaro's Motion To Set Aside Default Judgment. This Order is without prejudice to the Motion being re-newed once it is properly served on Plaintiff AMICA Mutual. In June of 2012, over five years ago, Defendant Calgaro drove a 2001 Ford automobile, owned by Defendant Adel Algami, was allegedly negligent, and collided with John Funghi, thereby causing approximately $8500 in property damage to Mr. Funghi's 2007 Hundai automobile. Plaintiff AMICA Mutual Ins. Co. timely paid the loss on behalf of its insured Mr. Funghi and later, in May 2015 brought this subrogation action against Defendants Calgaro and Algami seeking reimbursement for what was paid out under Mr. Funghi's auto insurance policy. Substituted Service by a registered process server, which is entitled to a presumption of validity, was made on Mr. Calgaro in June 2015, and a proof of service is on file. However, Mr. Calgaro did not respond to the Summons & Complaint, and ignored this lawsuit until now after he received notice from DMV, apparently earlier this year, that his driver's license has been suspended for failure to satisfy the Default Judgment entered by the Court (Hon. Richard C. Livermore) in August 2016. 1 Case Number: CLJ533954 While Mr. Calgaro has now filed his Motion to set aside that Default Judgment, it appears that he did not serve a copy on AMICA Mutual or its Counsel Prober & Raphael. The Court file contains no proof of service or return on service of Mr. Calgaro's Motion and supporting motion papers. Accordingly, the Court cannot hear the Motion at this time. If the Tentative Ruling is uncontested, it shall stand as the Order of the Court, no other notice or Order being required. The Tentative Ruling having afforded sufficient notice to the Parties. Once the Court's Order has been entered on the Minutes, the Clerk of the Court shall serve by mail a copy of the entered Minute Order on Defendant Damiano David Calgaro at his South San Francisco address on file with the Court. Case Events Others Comments: Future Hearings and Vacated Hearings 2