Plaintiff City of Novato (“Plaintiff”) filed the complaint in this action for negligence and negligence per se against defendant Jose Lopez Rivera (“Defendant”) arising out of a motor vehicle accident during which Defendant’s vehicle struck a motorcycle owned by Plaintiff for use by its police force. This matter is on calendar for the motion by Defendant to set aside the default entered against him. The Motion is GRANTED. Defendant brings the Motion on multiple grounds, most of which are untimely or would not justify the relief sought. For one, Defendant’s Motion contends that a default judgment may not be entered against Defendant pursuant to California Insurance Code section 1063.2(g). (Motion at 3:21-4:20.)That section merely defines “covered claims” as excluding default judgments against an insolvent insurer or the insured of such an insurer. And what that definition means is that under section 1063.2(a) the California Insurance Guarantee Association (“CIGA”) would not “pay and dis
Hearing Date
April 10, 2019
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Plaintiff City of Novato (“Plaintiff”) filed the complaint in this action for negligence and negligence per se against defendant Jose Lopez Rivera (“Defendant”) arising out of a motor vehicle accident during which Defendant’s vehicle struck a motorcycle owned by Plaintiff for use by its police force. This matter is on calendar for the motion by Defendant to set aside the default entered against him. The Motion is GRANTED. Defendant brings the Motion on multiple grounds, most of which are untimely or would not justify the relief sought. For one, Defendant’s Motion contends that a default judgment may not be entered against Defendant pursuant to California Insurance Code section 1063.2(g). (Motion at 3:21-4:20.)That section merely defines “covered claims” as excluding default judgments against an insolvent insurer or the insured of such an insurer. And what that definition means is that under section 1063.2(a) the California Insurance Guarantee Association (“CIGA”) would not “pay and dis