Interinsurance Exchange of the Automobile Club v. Banks, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANAURY 9, 2020 IS HEREBY VACATED.
ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE OF SUMMONS IS SET FOR OCTOBER 28, 2020 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Melanie Banks and Estela Zambrano (“Defendants”) on February 23, 2018. On April 30, 2018, the Court entered Defendant Zambrano’s default.
Following multiple rejections of Plaintiff’s application to serve Defendant Banks by publication, the action came for trial on August 23, 2019. At that time Plaintiff explained it was trying to serve Defendant Banks by publication and the Court placed the
Hearing Date
September 23, 2020
Type
Insurance Coverage (not complex) (Limited Jurisdiction)
Status
Court-Ordered Dismissal - Other (Other)
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Interinsurance Exchange of the Automobile Club v. Banks, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANAURY 9, 2020 IS HEREBY VACATED.
ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE OF SUMMONS IS SET FOR OCTOBER 28, 2020 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Melanie Banks and Estela Zambrano (“Defendants”) on February 23, 2018. On April 30, 2018, the Court entered Defendant Zambrano’s default.
Following multiple rejections of Plaintiff’s application to serve Defendant Banks by publication, the action came for trial on August 23, 2019. At that time Plaintiff explained it was trying to serve Defendant Banks by publication and the Court placed the