Interinsurance Exchange of the Automobile Club v. Lizarraga, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Default and Default Judgment is GRANTED. Order to Show Cause re Dismissal set for May 27, 2020 at 8:30 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 Defendant Cesar Jaci Gonzalez Lizarraga (“Defendant”) on December 18, 2018. Following Defendant’s failure to file a responsive pleading, the court entered his default on April 24, 2019. On July 30, 2019, Defendant filed a Notice of Stay of Proceedings (Bankruptcy). Despite the Notice of Stay, on July 31, 2019, Plaintiff filed a request for default judgment that the Court entered against Defendant on September 4, 2019.

Plaintiff filed the instant Motion to Vacate Defaul