Anchor General Ins. Co. v. Marin-Cruz, et al
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP §§ 473(b), (d), 473.5; equity)
TENTATIVE RULING:
Defendant Octavio Marin-Cruz’s Motion to Set Aside Default and Default Judgment is CONTINUED TO APRIL 8, 2020 AT 10:30 AM.
ANALYSIS:
On November 20, 2017, Plaintiff Anchor General Insurance Company (“Plaintiff”) brought this action for automobile subrogation against Defendant Octavio Marin-Cruz (“Defendant”). Because Defendant failed to answer the Complaint, Plaintiff successfully obtained default and default judgment against him in the amount of $12,569.92 on February 6, 2019 and April 23, 2019, respectively.
On September 26, 2019, Plaintiff filed an Acknowledgment of Partial Satisfaction of Judgment in the amount of $10,000.00. On December 10, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion”) under Code of Civil Procedure sections 473, subdivisions (b) and (d), section 473.5, and equitable
Hearing Date
February 05, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (Limited Jurisdiction)
Status
Default Judgment By Court - Before Trial
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Anchor General Ins. Co. v. Marin-Cruz, et al
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP §§ 473(b), (d), 473.5; equity)
TENTATIVE RULING:
Defendant Octavio Marin-Cruz’s Motion to Set Aside Default and Default Judgment is CONTINUED TO APRIL 8, 2020 AT 10:30 AM.
ANALYSIS:
On November 20, 2017, Plaintiff Anchor General Insurance Company (“Plaintiff”) brought this action for automobile subrogation against Defendant Octavio Marin-Cruz (“Defendant”). Because Defendant failed to answer the Complaint, Plaintiff successfully obtained default and default judgment against him in the amount of $12,569.92 on February 6, 2019 and April 23, 2019, respectively.
On September 26, 2019, Plaintiff filed an Acknowledgment of Partial Satisfaction of Judgment in the amount of $10,000.00. On December 10, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion”) under Code of Civil Procedure sections 473, subdivisions (b) and (d), section 473.5, and equitable