Farmers Insurance Exhange vs. Daniel Florin Ciora

Motion

Cal. Super. - 4th Dist.March 22, 2017

W A S S O N & AS SO CI AT ES ,I NC . 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O O 0 N N O N w n A W N N D N D N D N D N N N N D = a e m e a e m e a e a e m p m p e © N N L n B A W L N D R O Y N N N D R N W O N = o David B. Wasson (Bar No. 137075) Mitchel Brim (Bar No. 239341) WASSON & ASSOCIATES, INC. 250 North Golden Circle, Suite 210 Santa Ana, California 92705 Tel (714) 368-0000 Fax (714) 368-0033 dwasson@wassonlawyers.com Attorneys for Defendant, DANIEL FLORIN CIORA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY LIMITED CIVIL CASE FARMERS INSURANCE EXCHANGE, a California Interinsurance Exchange, Plaintiff(s), VS. DANIEL FLORIN CIORA, ALEXANDRU DANCIU and Does 1 through 15, inclusive Defendant(s). Case No.: 30-2017-00910340-CL-PA-CJC NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DAVID B. WASSON; AND EXHIBITS IN SUPPORT THEREOF [Filed Concurrently with [PROPOSED] ORDER] Complaintfiled: March 22, 2018 Hon. Judge Corey S. Cramin Date: January 17, 2018 Time: 9:30 a.m. Dept.: C3 Reservation ID: None Required for Civil Limited TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant DANIEL FLORIN CIORA (hereinafter “Defendant”) on January 17, 2018 at 9:30 a.m., in Department C3, of the above- entitled courthouse located at 700 W. Civic Center Drive Santa Ana, CA 92701, will move this court for 1 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C, 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 © 0 © u N n L o A W w o w 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 an order to set aside the Default entered by the Court and for an order setting aside the Default Judgment entered by the Court on June 20, 2018. This motion is based on the fact that despite the putative proof of service, the unsophisticated Defendant did not inform his insurance company of the service, and Defendant’s insurance company had no knowledge that the request for default was filed. Thus, Defendant's insurance company and counsel had no actual notice of the lawsuit, ostensible service, or default until on or about April 3, 2018. The court could set the default aside on equitable grounds due to the fact that the defendants were unrepresented throughout the process. This motion is based on the fact that the defendant was not properly served in this case and had no actual notice of the lawsuit. This motion is further based on this notice, the memorandum of points and authorities, the Declaration of David B. Wasson, all attached exhibits, California Code of Civil Procedure sections 473(b) and 473.5, and any oral or documentary evidence allowed at the hearing on this matter. WASSON & ASSOCIATES, INC. GON David"B. Wasson, q. Mitchel Brim, Esq. Attorneys for Defendant, DANIEL FLORIN CIORA Dated: October 10, 2018 2 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITYACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora DO017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C. 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O o ® N a m A w 10 11 12 13 14 15 16 IF 18 19 20 21 22 23 24 25 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This case arises out of an accident that occurred on May 21, 2016 in which Plaintiff alleges that Defendant traveling southbound on the 1-405 cut him off by making an unsafe lane change near Fairview in Costa Mesa, California. (See Declaration of David Wasson hereinafter 92, “Wasson Dec”). Liability is disputed. 7d. Plaintiff seeks reimbursement for the payments it made on behalf ofits insured, Valentine Ruiz, to cover damages to his 2006 Chrysler Town & Country vehicle bearing license plate number SXNG263. Id. Defendant’s insurance company Alliance United Insurance Company retained our law firm in order to represent Defendants forthis lawsuit that was filed arising out ofthis vehicle accident, which was filed by the Plaintiff on March 15, 2018. (Wasson Dec { 3. Attached hereto as Exhibit “A” is a true and correct copy of the Complaint.) Defendant DANIEL FLORIN CIORA was served and Plaintifffiled their proofofservice on April 4, 2018. (Wasson Dec § 3 Attached hereto as Exhibit “B”is a true and correct copy of the Proof of Service) Default was entered on June 20, 2018. (Wasson Dec 4. Attached hereto as Exhibit “C”is a true and correct copy of the Entry of Default) Defendant’s insurance carrier became aware of the lawsuit in April 2018, and subsequently hired Defense counsel. (Wasson Dec 9 5). On June 20, 2018, a Notice of Entry of Judgement was entered. Id. 2. THIS COURT MAY SET ASIDE THE DEFAULT PURSUANT TO CCP §473(b) This Court is empowered to relieve a party orhis or her legal representative “upon any terms as may be just . . . from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code of Civil Procedure (hereinafter, “CCP”) §473(b).) Accordingly, this Court has discretionary power to set aside the default if it is shown that the default was entered as a result of “some condition or situation in which a party . . . is unexpectedly placed to his injury, without any fault or negligence of his own, which ordinary prudence could not have guarded against.” Credit Managers Ass'n ofSo. Calif. v. National Independent Business Alliance (1984) 162 Cal. App. 3d 1166, 1173. In Credit Managers a default judgment was entered on a cross-complaint and there was evidence showing that the judgment 3 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT K:AFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora DO017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C. No rt h Go ld en Ci rc le , Su it e 21 0 25 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O O © N N a w n a 10 I 12 13 14 15 16 17 18 18 20 zl 22 23 24 23 26 27 28 debtor was never told of the service of process or the default Judgment. The court set aside the judgment on the basis of surprise. Alternatively, a court may also set aside a default on the grounds that any neglect attributable to a defendant was excusable, i.e. reasonable. (See Shapiro v. Clark (2008) 164 CA 4™ 1128, 1141-1 142; Jackson v. Bank ofAmerica (1983) 141 CA 3d 55, 58.) In this case it is undisputed that the Defendant did not intend to allow a Default to be entered against him. Furthermore, when Defendants insurance carrier became aware of the lawsuit the case referred to counsel, The law favorsrelief in such matters. A trial court has wide discretion to grant relief under CCP §473. Berman v. Klassman (1971) 17 Cal. App. 3d 900, 909. CCP §473(b) is a remedial measure to be liberally construed, and any doubts existing as to the propriety of setting aside a default thereunder will be resolved in favor of a hearing on the merits. Berman v. Klassman (1971) 17 Cal. App. 3d 900, 910. “Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.” Elston v City ofTurlock (1985) 38 Cal. 3d 227, 233. The Court in Benedict v Danner Press, 87 Cal. App.4™ 923 reiterated a common theme running throughall ofthese cases - that the prevailing view is that cases should be determined “on their merits, not by default.” See also Fasuyi v. Permatex, Inc. (2008) 167 Cal. App. 4th 681, 694-703. Under §473 analysis, “a mistake of law may be excusable when made by a laymen, but not when made by an attorney” under the reasonable prudent person analysis in consideration of the circumstances and facts surrounding the requested relief, (Tammen v. County ofSan Diego (1967) 66 Cal.2d 468, 479. (Italics added.) A mistake of law “is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts.” (Barratti v. Barratti (1952) 109 Cal.App.2d 917, 921; Hodge Steel Metal Products v. Palm Spri, Hotel (1961) 189 Cal.App.2d 653, 656.) The “excusable neglect”is that neglect “which might have been the act of reasonably prudent person under the same circumstances.” (Barratii, 109 Cal.App.2d at 921; Hodge Steel, 189 Cal.App.2d, at 657; Tammen v. County ofSan Diego (1967) 66 Cal.2d 468, 476.) Whether mistake of law constitutes excusable neglect presents a question of ngs Riveirg fact, of which the “determining factors are the reasonableness of the misconception and theJustifiability of lack of determination ofthe correct law.” (Id.) This determination is to be made by4NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTK:A\FINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SETASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C. 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 © 0 ® N n m o A w o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 235 26 27 28 the trial court in consideration of all of the evidence which shows such mistake, inadvertence, or neglect is of the “excusable variety”. (Conway v. Municipal Court (1980) 107 Cal.App.2d 1009, 1017.) Where a defendant knew and understood the nature of the proceeding against him or her, and where his or her failure to appear or respond was not due to mistake, inadvertence, surprise or excusable neglect, but due solely due to a change of mind, relief against default will not be granted. (Barratt, 109 Cal.App.2d at 922-923.) In the case of Tammen, the Court determined whether claimants, a widow and her minor child, failed to timely file a claim with the Board of Supervisors for wrongful death of their husband and father, against the County of San Diego for failure to construct and maintain the road properly within the statutory time period. (Tammen, 66 Cal.2d at 471-472.) A petition for leave to file a late claim was filed with the trial court, which was denied. (Jd.) The trial court denied the petition and claimants appealed. (/d.) The Supreme Court determined that denial as to the widow’s petition on the grounds that there was no excusable mistake of law or neglect was not an abuse of discretion because the lower court determined that her claim that she was physically and/or mentally incapacitated was not believable in that she was able to attend to her business affairs, consulted her attorneys shortly after her husband died and after being told by an insurance adjuster that there may be a wrongful death claim, she consulted her attorneys and authorized them to investigate these claims. (Tammen, 66 Cal.2d at 474.) However,as to the minor, the court reversed the trial court’s order denying the minor’s petition citing that the reasonable time for a minor to act on such claims should not be held to the standard of an adult. (Tammen, 66 Cal.2d at 479.) Here, the Defendant was not represented by counsel at any point while Plaintiff was obtaining a default and default judgment, or whether the Defendant was put on notice of the upcoming default. 3. DEFENDANT SHOULD BE GRANTED RELIEF PER CCP §473.5 BASED ON LACK OF ACTUAL NOTICE When service of a summons has not resulted in actual notice to a party in time to defend the action and a Default has been entered against her in the action, the party may serve and file a notice of motion to set aside the default and for leave to defend the action. CCP §473.5(a). On a finding by the court that the motion was made within the two-year time period permitted by CCP §473.5(a) and that a Defendants lack of actual notice in time to defend the action was not caused by her 5 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KC\FINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora DO17360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C. 25 0 No rt h Go ld en Ci rc le , Su it e 21 0 Sa nt a An a. Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O X N a A W N e e D N D N N N N D o - avoidance of service or inexcusable neglect, it may set aside the Default on whatever terms as may be just and allow the party to defend the action. CCP §473.5(c); Goya v. PERU. Enterprises (1978) 87 Cal. App. 3d 886, 890-891. Whetheror not relief should be granted under CCP §473.5 is a matter within the discretion ofthe trial court. Brockman v. Wagenbach (1957) 152 Cal. App. 2d 603, 611. Unless inexcusable neglect is clear, the policy favoring trial on the merits prevails over the general rule of deference to the trial court’s exercise of discretion, and doubts are resolved in favor of the application for relief from default. Tunis v. Barrow (1986) 184 Cal. App. 3d 1069, 1079. The law favors relief is such matters. “Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor ofthe party seeking relief from default.” Elston v City of Turlock ( 1985) 38 Cal. 3d 227, 233. The Court in Benedict v Danner Press, 87 Cal. App.4™ 923 reiterated a common theme running through all of these cases- that the prevailing view is that cases should be determined “on their merits, not be default.” In this case it is undisputed that the Defendant did not intend to allow a default to be entered against him. Defendant never intended to abandon the case, and never made a conscious decision not to file an answeror litigate the case. The Default was a surprise to the Defendant and the court should exercise its discretion and issue an order relieving Defendant from Default. 4. THIS COURT MAY SET ASIDE THE DEFAULT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §473(d) DUE TO IMPROPER SERVICE “The court may, . . . on motion of either party after notice to the other party, set aside any void judgment or order.” CCP §473(d). (See Strathvale Holdings v. EBH (2005) 126 CA 4" 1241, 1249.) In addition to any other ground for vacating a default judgment, the court has power to set aside a judgment that is void as a matter of law. A Judgment may be void as a matter of law for many reasons, including: lack of personal jurisdiction, lack of actual of or constructive notice of proceedings, or lack of or improper service of summons. In the present case, the court lacked personal jurisdiction and defendant lacked notice of the proceedings, dueto the lack of or improper service of the summons. 6 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora DO017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES ,I NC . 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O O 0 9 a N D N W Y e e B N D N N N N N - P T s e m o e S R h E E R E E Moreover, even assuming that Defendant was served with the Summons and Complaint, Counsel for Plaintiff has an ethical obligation to warn his or her opponent before requesting entry of default. (Fasuyi v. Permatex (2008) 167 Cal. App. 4" 681, 701.) Failing to warn before seeking default typically supports relief in the form of a motion to set aside the default. (Id. at 702; in accord, Smith v. Los Angeles Bookbinders Union No. 63 (1955) 133 Cal. App. 2d 486, 500. [“The quiet speed of plaintiff’s attorney in seeking a default judgment without the knowledge of defendant’s counsel is not to be commended.”]; in accord, The State Bar California Guidelines of Civility and Professionalism, Section 15 (2008). [“Anattorney should not take the default of an opposing party known to be represented by counsel without giving the party advance warning.”] Here, Plaintiff knew that Alliance United would provide Defendant with counsel if the case could not be settled, and thus had an obligation to communicate its intention prior to seeking entry of default. Plaintiff did not warn Alliance United that it had filed the Complaint. The Court should set aside the default and vacate the default judgment on this basis alone. The default and default judgment are therefore void as a matter of law and must be set aside. 5. THIS COURT MAY SET ASIDE THE DEFAULT ON EQUITABLE GROUNDS Apart from any statutory authority, a court has inherent, equitable power to set aside a Judgment on the grounds of “extrinsic fraud or mistake.” (Olivera v. Grace (1942) 19 C2d 570, 576; Sporn v. Home Depot USA, Inc. (2005) 126 CA 4th 1294, 1300; Moghaddam v. Bone (2006) 142 CA 4™ 283, 290-291.) These terms are given a broad interpretation and cover almost any circumstance by which a party has been deprived of a fair hearing, even to the extent that there need be no actual “fraud” or “mistake” in the strict sense. (Marriage ofPark (1980) 27 C3d 337, 342; see Sporn v. Home Depot USA, Inc, supra, 126 CA4th at 1300.) The usual case in which “extrinsic” fraud is found is where a party was not represented by counsel. If the defendant had a lawyer and the opportunity to litigate, any fraud or mistake will usually be classified as “intrinsic” (hence, not ground for equitable relief). (Marriage ofStevenot (1984) 154 CA3d 1051, 1069.) The term “extrinsic mistake” is broadly applied to cover situations in which circumstances extrinsic to the litigation have cost a party a hearing on the merits. (Rappelyea v. Campbell (1994) 8 C4th 975, 981.) These are usually cases of excusable neglect by defendant or defendant’s attorney 7 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTK:AFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora DO17360CA16 FIN.0339\Pleadings\MOTION TO SETASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C, te 21 0 Sa nt a An a, Ca li fo rn ia 92 70 5 25 0 No rt h Go ld en Ci rc le , Su i (7 14 ) 36 8- 00 00 P k © O V © 9 w m o A o w 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in failing to appear and present a defense. “If such neglect results in an unjust Judgment, without a fair adversary hearing, the basis for equitable relief is present and is often called ‘extrinsic mistake.” (Kulchar v. Kulchar (1969) 1 C3d 467, 471 (italics omitted); Manson, Iver & York V. Black (2009) 176 CA4th 36, 47.) Extrinsic mistake may be found where one party reasonably relies on another to defend the action, but the other fails to do so through unforeseen circumstances constituting excusable neglect. (Weitz v. Yankosky (1966) 63 C2d 849, 855-856 (defendant relied on insurance carrier for his defense). Here, there is no evidence to show that the Defendant SANTIAGO was represented by counsel at the time after they were served, or when there was an entry of default. The Plaintiffknew that the party was covered by insurance, but despite knowing that Alliance United would certainly provide representation to its insured to defend against Plaintiffs case if it knew that such case existed, never informed the adjuster for Alliance United that a lawsuit had been filed, nor did it provide the adjuster with a copy ofits Complaint or the Proofof Service. Defendant's counsel lost touch with Mr. SANTIAGO fora period of time. Defendant SANTIAGO would be deprived ofhis day in court if the default is not aside. As soon as the Defendants insurance company became aware of the lawsuit, it contracted a law firm to represent their insureds, and we have been in touch with plaintiff’s counsel in an effort to resolve this matter. The moving Defendantthereby respectfully requests that this Court order relief from default and that this Court order the default judgment vacated on these equitable grounds, 6. CONCLUSION The Defendant has shown valid grounds for relief. Once Defendant’s insurance became aware ofthe lawsuit the Defendant was appointed legal representation. Defendant is ready and able to defend this lawsuit. However, should the Court deem that CCP section 473(b) is inapplicable to the facts of this case, the Court should grant Defendant equitablereliefon the basis of extrinsic fraud or mistake and grant Defendant’s motion to set aside on equitable grounds. The effect of such a ruling would be to afford Defendant a fair hearing ofhis case on the merits. A ruling denying Defendant’s motion would deny Defendant’s day in court. The Court should grant Defendant’s motion in the interests of 8 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTKAFINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SETASIDE DEFAULT_10-10-18.doc Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 3- 00 00 W A S S O N & AS SO CI AT ES , IN C. 25 0 No rt h Go ld en Ci rc le , Su it e 2 1 0 O O 0 3 O& O » D W N N N N = = = e m e a e n e n e n p n a N = O O u y A W N = O o 24 25 26 27 28 justice in accordance with settled policy favoring judgment on the merits. For the forgoing reasons, Defendant requests that the court grant defendant relief from the entry of default in this case. Defendant requests twenty (20) days to file the Answer and pay the first appearance fees at that time. Dated: October 10, 2018 WASSON & ASSOCIATES, INC. avid B\Wasson, Esq. Mitchel Brim, Esq. Attorneys for Defendant, DANIEL FLORIN CIORA 9 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc TA TE S, IN C. or th G o l d e n Ci rc le , S u i t e 2 1 0 W A S S O N & A S S O C 25 0 N Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 O o 0 u N a n w n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 26 27 28 DECLARATION OF DAVID B. WASSON IN SUPPORT OF MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT I, David B. Wasson, declare as follows: 1. Tam an attorney duly licensed to practice before all courts of the State of California. I am an associate at the law firm of Wasson & Associates, Inc., counsel of record for Defendant DANIEL FLORIN CIORA. Ourfirm was retained by Defendant’s automobile insurance carrier, Alliance United Insurance Companyto provide a defense in this action. I have personal knowledge ofthe facts set forth in this declaration and if called upon, I could and would competently testify thereto. 2. This case arises out of an accident that occurred on May 21, 2016 in which Plaintiff alleges that Defendant traveling southbound on the I-405 cut him off by making an unsafe lane change near Fairview in Costa Mesa, California. (Attached hereto as Exhibit “A” is a true and correct copy of the Complaint.) Liability is disputed. Plaintiff seeks reimbursement for the payments it made on behalf ofits insured, Valentine Ruiz, to cover damages to his 2006 Chrysler Town & Country vehicle bearing license plate number 5XNG263. 3. Defendant’s insurance company Alliance United Insurance Company retained our law firm in orderto represent Defendants for this lawsuit that wasfiled arising out ofthis vehicle accident, which was filed by the Plaintiff on March 15,2018. Attached hereto as Exhibit “A”is a true and correct copy ofthe Complaint. Defendant CIORA was served and Plaintiff filed their proof of service on 4/4/2018. (Attached hereto as Exhibit “B” is a true and correct copy ofthe Proof of Service.) 4. Default was entered on June 20, 2018. (Attached hereto as Exhibit “C”is a true and correct copy of the Entry of Default.) 5. Defendant’s insurance carrier became aware of the lawsuit in April 2018, and subsequently hired Defense counsel. On June 20, 2018, a Notice of Entry ofJudgement was entered. 6. In April 2018, Defendant’s insurance company Alliance United retained our law firm in order to represent Defendants in this lawsuit for property damage claims that wasfiled on March 15, 2018. 10 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTKAFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SETASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES , IN C, 25 0 No rt h Go ld en Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 10" day of October, 2018 in S >California, \ 11 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora DO017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 W A S S O N & AS SO CI AT ES , IN C. 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 ORDER IT IS HEREBY ORDERED, that the Default and Default Judgment entered against Defendant DANIEL FLORIN CIORA is hereby set aside and that Defendant DANIEL FLORIN CIORA shall have 30 days from the date of this Order within which to file an Answer to Complaint, IT IS FURTHER ORDERED: DATE: Judge of the Superior Court 12 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTKAFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora DO17360CA 16 FIN.0339\Pleadings\MOTION TO SETASIDE DEFAULT_10-10-18.doc EXHIBIT “A” 017360CATE i PHX0114163-MH-RX-vCATTORNEYOR PARTYWITHOUT ATTORNEY (Name, Siate Barnumbsr, and address): FOR COURT USEONLY } ichael Haus, Esq. SBN 304218 Law Offices of Gregory Lucett ELECTRONICALLY FILE Superior Court of fr330 N. Brand Blvd., Suite;.900 Glendale, CA 91203 ) County of Ompge 03/16/2018 at (2:52:47 PM TELEPHONENO: 818-548-6336 FAXNO: 866-366-9168 Clerk of the Suparior Dourt By \kronloa Qomal, Deputy Clerk ATTORNEY FOR Nome; EiSUrance Property & Cagualty Insurance SUPERIORCOURT OF CALIFORNIA, GOUNTY OF Orange strReeraporess: 700 Civic Center Drive West MAILING AOCRESS: city anbzipcobe: Santa Ana, CA 92701 BRANCH NAME: CASE NAME: Esurance Property & Casualty Insurance Company a o Valentine Hp vas. Daniel Florin Cio CIVIL CASE COVER SHEET > Complex Case Designation CABENUMBER: 5.2018.00970784:-] Linnie Liniad ‘- [J counter [__] Joinder THREE moun mount i Filed with firsl appearance by defendant | JUpGE:d 8 i ois,000) Samangedie (Cal. Rulesof Court, rule 3.402) oEPY: items T-Gpolon must be completed (ses Instructions on page 2), 1. Check one box balow for the case type (lat hest describes (his case: : Provislonally Complex Civil Litigation Auto Tor Contract Aulo (22) [_] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3,400-3,403) Uninsured motorist (48) [JRule 8.740 collections (09) (J AntitrustTrads ragulation (03) Other PUPD/WD (Personal Injury/Property . |oer collecllons (09) [1 construction defect (10) DamageMrongful Death) Tort Insurance overage (18) 1] Masstort (40) [_T Asbestos (04) Othercontract (37) [CJ ssourities gation (28) [CJ Product llablilty (24) Real Property (CJ Environmental/Toxic tort (30) [I Medical malpractice (45) [C1 Eminent domain/inverse (C7 Insurance coverage claims arising from (he [_] other PI/PDIWD (23) : _ condemnation {14) above listed provisionally complex oase Non-PI/PDAWD (Other) Tort + [=] wrongful aviclion (33) types (41) [Business torunfalr business practice (07) {other real property (26) EnforaementofJudgment (J cmirights (08) © Unlawful Detalner [1 Enforcement of judgment (20) {("] Delamation (13) [J commerdial (31) Miscellaneous Glvil Complalnt (J Fraud (16) [-_] Rastdentlsl (32) (1 Rico (27) -[ZJintellectual property(18) [J orugs (3s) [CJ Other complaint (not specified above) (42) [(__] professional negligence (25) .. Judictal Review Wilscallanaous Clvil Petition [J other non-PI/PDIWD tort (36) ii [[_] Asselforfalture (05) [___] Partnership and corparale governance (21) Employment © [] Petition re: arbitration award (11) [7 other petition (rot specifled above) (43) [”-) Wrongful termination (36) {J writ of mandate (02) [J other employment (16) {-_] Other judidal review (39) 2, Thiscase [_Jis [x] Isnot camplex under tule 3.400 of the Callfornia Rules of Gout.If the case Is complex, mark the factors requiring exceptional judiclal mapagement: [1 Le numberof separately represented parties d, [__] Large number ofwitnessesa. b. [J Extensive motion practice raising difficult or novel e, [__] Coordination with related actions pending in one or more cours issues that will be time-consuming fo resolve in other counties, states, or countries, or [ny a faderal court ¢. [| substantial amount of documentary evidence f. [1 Substantial postjudgment judicial supervision Remadles sought (check all that apply). fx] monetary b. [__] nonmenetary; declaratory or injunctive relief ¢. [J punfiive 3. 4. Number of causes ofaction (specify): Two 5. Thiscase [_] is isnot a class action sult. 6. If there are any known relaled cases, file and serve a notles of related case. (You may use forrn CM-015.) Date: January [7/4 , 2018 , ; Michael Hane. 5 SBN 304218 p An (TYPE OR PRINT NAME) - ; {SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE o Plaintiff must file this cover sheet with the first paper flied {n the action or proceeding (except small claims casas or cases filed underthe Probate Code, Family Code, or Welfare and Institulions Code). (Cal. Rules of Court,rule 3.220.) Failure (o file may result in sanctions. ) » File thls cover sheet In addition to any cover sheet required by local court rule. o If this case Is complex under rule 3.400gl seq. of the Callfomia Rules of Court, you musf serve a copy ofthis cover sheet on all other parlles to the aclion or proceeding! © Uninet this Is a colleclions case underrile 3.740 or a complex cass, thls cover sheel will be used forstatlstical purposes only. = aged of2 Sik GABE ONER INERTscfifinsa,SaniaoriApionSa Form Adopted for Mandalory Usa Judiclal Counoll of California CM-010 [Rav. July 1, 2007} - r PA TT YT N T = I T A P P E re A E E wy sn T S E E Y T E m e n e m e w e . T E N T e m e r T m e n a a r - - - - - - - y y SUM-100 SUMMONS (CITACION JUDICIAL) eal NOTICE TO DEFENDANT: Daniel Florin Ciora, Alexandru ELECTRONICALLY FIL: (AVISO AL DEMANDADO): Danciu Does 1 to 15 ph CauofCalter, aunty of -Orange 0315/2018 2 12:52:47 Pid Clerk of the Superior Qourt By \kronica Comal, Deputy Clerk YOU ARE BEING SUED BY PLAINTIFF: Raurance Property & (LO ESTA DEMANDANDO EL DEMANDANTE): Casualty Ingurance Company a/s/o Valentine Ruiz NOTICE! You have been susd, The court may decide against you wihout your being heard unless you respond within 30 days. Read tha Information balow. You have 30 CALENDAR DAYS after this summons and legal papers are ssarved on you to flie a wrilten response al this cou served on the plaintiff. A Islter or phone call will not protect you, Your written response must be In proper Taga!tert [F you want digitsTopour case. Theremay be a courl form that you oan uss for your response, You can find fhese court forms and more Information at the Callfornta Gourls Pieato hongpes rg,presi your county library, or Le ocutiones fet you IrJou cannot pay the fling fae, ask or a fee walver forma. you do not fils your respunse on time, you may lose the case ofault, wages ' may be taken without further warning from ihe court. wo ¥ y Ta Eleywc popes There are other legal requirements. You may wantto call an attorney right away. If you do nat know en atlomey, you may wi referral service. If you cannot afford an atlomay, you may be sligible for [res legal services from a nonprofit legal Aad or eoey these nonprofit groups atthe California Legal Services Wab site (www./awhelpealifornia.org), the California Courts Online Balto) Center (www. courtinfo.ca.gov/selfhelp), or by contacting your focal court or cuunly bar assoclation. NOTE: The court has a statutory lien {or walved fees and costs on any selllsment or arbilration award of $10,000 or mote In a civil case, The court's llen must be pald before the court will dismiss the case JAVISOILo han demandado. Sino responds denlro de 30 dfas, la corte pueds decidir en su contra sin escuchar su version, Lea la Informacion a continuacién Tisne 30 DIAS DE CALENDARIO despuss Oe que lo entrequen estacliacion y papeles legales para presenlar ung respuesta por escrito en esta. corte y hacer que se entregue una copla al demendantle. Una carla o ung llamada islefénica no lo protegen, Su respussta por escrllo tiene que estar en formalo leyal correclo sl desea que procesen,su caso en [a corte.Es posible que haya un formuiarlo que usled pueda usar para su respuesta Pusds snconirar eslos formularios de la corte ytnés Informacion en ef Ceniro de Ayuda de les Cortes de California (www.sucorte,0a.gov), en la ’ biblloleca os (ayes de su condado o en la coreigue le quede mde cerca, SI no puede pagarla cuola de presentacion, plda af secretarlo ds la corte que Je dé un formulario de exencién de pago de cuotas. S| no presenta su respuesta a tlempo, pusde perder el vaso por incumplimlento y la corte le podré quilarsu sueldo, dinero yblenes Sin més sdvertencla. 's racomendable ‘us llama a un abogado Inmadiatamente. 81 no conace a un abogado, puede llamar a un seviolo deHay otros requlsitos Soler. remlsion a abogados. SI no puede pagar a un abagado, es pasible que cumple con fos faguisios para obfensr servicios legales gralultos de un te lucro en el sitlo wab de California Legal Services,programa de serviolos legales sin fines de luero, Pusde encontrar estos grupos sin fines Jawhal eslicimis.org en el Centro de Ayuda de las Cortes de California, (www.sucorte.oa.gav) o poriéndose en contacto con la cote o el las. AVISQ! Porley, la corte tlene deracho araclamarlas cuolas y lps costos exenlos por Imponer un gravamen sobrecolaglo ds abogados loca $10,000 & més do valorrecibida medlanle un acusrdo o una concesién de arbltraje en un caso de derecho civil. Tlene quscualquier recuperacion de pagar ef gravemsn de la corto antes de que la corte pusda desecharel caso. he name and address of the court Is: CASE NUMBER: (El nombre y direcclon de la corte es): (Nomen deloso): 30-2018-00979784-CL-PA-CJC Superior Court of California County of Orange Limited Civil Actlon oF 700 Clvic Centex Drive West; Santa ana, CA 92701 The name, address, and telephone number ofplaintiff's attorney, or plainliff without an attornay, Is: o del demandante que no tiene abogado, as);(El nombre, la direccion y el ndmero de teléfono del abogado del demandants, Michael Haus, Esq. SBN 304218 818-548-6336 B66-366-9168 Law Offices of Gregory Lucett 2a iLend Bae , Sulte 900 . Glendale, 203 3 , s DATE: 5ai5n016 DAVID H. YAVASAK), Clerk of the Court oocro BY = Cork pepuy (Fecha) ’ EEE {Sscretarlo) (Ad]unto) (For proofofservice ofthis summons, use Proof of Service of Summons (form POS-010).) Co (Para prueba de enirega de esta citalién uséel formularlo Proof of Service of Summons, (POS-010)). \iéronioa Corral- NOTICE TOTHE PERSON SERVED: You are served 1. {] as.an individual defetidant. 2. [1] asthe person sued underthe fictilious name of (specify): 3. [1 onbehalf of (specify): under: f__] CCP 416.10 (corporation) [1] CCP 418,60 (minor) [J CCP 418.20 (defunct corporalion) [1 CCP 418.70 (consetvales) 'f_] CCP 416.40 (association or partnership) [J CCP 416,90 (authorized person) [] other (spealfy):4, [] bypersonal delivery on (date): Seoan Form Adoplad for Mangalary Use i sollalCound ofCallomia SUMMONS oq . Coda of Gli Procedure §§ 412.20, 466 SUM-100 (Rev. July 1, 2008] a &P s . 21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Staleaeamoan and address): Law Offices of Gregory Lucett 330 N. Brand Blvd., Suite 900 E-MAIL. ADDRESS fOpfionei: M1 chael . Haus®@allgtate. con ATTORNEY FOR (Home); BBUTANICE Property & Casualty Insurance Comp SUPERIOR COURT OF CALIFORNIA, GOUNTY OF Orange grreeraboress: 700 Civic Center Drive Wesgk MAILINGADDRESS: cry ANpzipcone: Santa Ana, CA 92701 BRANCH NAME; PLAINTIFF: EBurance Prop a/s/o Valentine Ruiz DEFENDANT: Daniel Florin Ciora, Alexandru Danciu erty & Casualty Insurance Company (x) DOES170 15 J COMPLAINT-Personal Injury, Property Damage, Wrongful Death [J AMENDED (Number): Type {check all thatapply): MOTOR VEHICLE [Xx] OTHER (specify): Subrogation Property Damage [J wrongful Death [J personal Injury [x] other Damages (specify): Pursuant to civil Code Sections 32B7 and 3291 Michael Haus, Esq. SBN 304218 ELECTR Supsrior PLD-PI-001 FOR COURY USE ONLY OMICALLYFILED ‘Court of Califamia,Glendale, CA 91203 ounty ofOrange 03/16/2018. 12:62:47piTELEPHONE NO: 818-548-6336 } FAX NO. (Opllonaly 866-366-9168 Clerk of the Superior Court By \kranica Qorral,Deputy Clark [x] ACTION IS A LIMITED CIVIL CASE Amountdemandsd [X does/fot exceed $10,000 exceeds $10,000, but does not exceed $25,000 [1 AGTIONIS AN UNLIMITED CIVIL CASE(axcesds $25,000) [J ACTION IS RECLASSIFIED bythis amended complaint [7] from limited to unlimited Jurisdiction (check alf that apply): . CASE NUMBER; 30-2018-00070784-CL-PA.CJC [__] from unlimited to limited1. Plaintiff (name or names):Esurance Prop Ruiz Ye alleges oauses of action against defendant (name or names): Daniel Florin Ciora, 1 to 15 2. This pleading, including allachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent aduit a. except plaintiff (name): Esurance Propsrt (1) a corporation quatified to do business In Callfornla (2) [_] an unincorporated enlily (describe): {3) [_] a public entity (describe); (4) [J aminor (} an adul,. guardian ad litem has been appointed. (a) [_] for whom a guardian or conservator of the estate or a (b) [J other(specify): (5) [J other (specify): b. [] except plainGff (name): (1) - a corporation qualified {o do business in California (2) an unincorporated entity describe): 3) [] apublicentlly (describe): (4) [] aminor - an adult (@) [J for whom a guardian or conservator of the estate or a (b) [_.] other(specify): (8) [] other (specify): ”n [J Information about additionalplaintiffs who are not competent adults Is shown In Attachment3. guardlan ad litem has been appointed erty & Casualty Insurance Company a/s/o Valentine Alexandru Danciu Does y & Casualty Insurance Company Page 10l3 Form Approved foc Oplional Usa COMPLAINT-Personal Injury, Property PLO00%TanSoa12007) Damage, Wrongful Death soln Coda of Civil Prooesure, § 425.12 PLD-P|.001 SHORT TITLE: EBurance Property& Capualty Insurance Company CASE NUMBER: a/s/o Valentine Ruiz vs. Daniel Florin Clora, Alexandru Dan'ciuy 4. [J Plalntiff fname): is daing business under the flotitioss name (spsolfy): and has complied with the fictitiousbusiness name laws. 6. Eachdefendant named above Is a nalural person a. [1 except defendant (name): (1) [J a business organization, form unknown (2) [] a corporation (8) [J] an unincorporated eniily (Hesoribe): (4) [_] a public entity (describe)! (8) [__] other (specify): ’ b. [1 excapt defendant (hams): (1) [J a business organization, form unknown 2) [J] a corporation (3) (__] an unincorporated entity (describe): (4) [] a publicentily (describe): . (8) [1 other (specify): 1 ¢. [__] except defendant (name): (1) [__] a business organization, form unknown (2) [1 a corporation (3) [J an unincorporated entity (describe): (4) [La public entity (describe): 5) [___] other (specify): . [J except defendant (name): (1) CJ a business organization, form unknown (2) [J a corporation (3) [J an unincorporated entlly (describe): (4) [1 a pubilc entity (describe): (5) [I other (speoffy): [ Information about additional Uelandints who are nat natural persons Is contained In Attachment 6, 6. The true names of defendants sued asDoes are unknown {o plaintiff. a. [x] Doe defendants (specify Dosa numbers): 1 to 15 were the agents or employees of other named defendants and acled within the scope of that agency or employment. b. [x] Doe defendants (specify Doginumbers): 1_to 15 are persons whose capacilies are unknown to plaintiff. 8. This court Is the proper court because a : at least one defendant now resides in Its jurisdictional area. b. [the principal place of businessofa defendant corporation or unincorporated association is In its jurisdictional area. [] Deferidants who are joined undeCode of Civil Procedure section 382 ara (names): c. [x] injury to person or damage lo personal property occurred In lis Jurisdictional area. d. [_] other (specily}: 8. [] Plaintiff is required ta comply with a claims statute, and a. has complied with applicable Slaims slatules, or b. Is excused from complying because (specify): PLD-P[-001 {Rov. January 1, 2007) COMPLAINT-Parsonal Injury, Property ie Damages, Wrongful Death Pago 2al3 | Danciu 10. The following causes of action are aftached and the statements above apply to each 11. 12. 13. 14. 15. The paragraphs of this complalnt allegad on informallon and bslief are as follows Mv-1, MV2, GN-2 and ‘GN-3 SHORTTITLE: Esurance Pro a/s/o Valentine Ruiz causes ofaction altachad): a. [x] Motor Vehicle b. [Xx] General Negligence c. [_] Intentional Tort : d. [__] Products Llabliity e. [J Premises Liability f. [1 Other (speolfy): Plalnliff has suffered og wage loss p loss of use of property hospital and medical expenses general damage properly damage loss of earning capacity H M O O R O B r e o p o o w [__1 The damages claimed for wron a. [_] listed in Attachment 12, b,[] eas follows: a. (1) [x] compensatory damages (2) [1 punllive damages The amount of damages is {in casesfor [J according to proof other damage (specify): Subrogation damages Therellef sought In this complaint is within the jurisdiction of thls court. PLD-P|-001 perty & Casualty Insurance Company CASE NUMBER: ve.PE Florin Ciora, Alexandru (each complaint must have one or more gf death and the relationships of plaintiff to the deceased ars Plaintiff prays for judgmentfor costs of sult; for such rellef as Is fair, just, and equitable; and for personal injury or wrongful death, you must check (11): (1) : (2) [(X] inthe amount of: $ 2,238.20 plus prejudgment interest and costs as allowed by Court, Date: January {77 , 2018 M PLR-PI-001 [Rav, Janvary 4, 2007) ichael Haug, Esq. : (TYPE OR PRINT NAME) 3 “COMPLAINT-PersonalInjury, Property ' Damage, Wrongful Death (specifyparagraph numbers): p pnDh (SIGNATURE OF PLAINTIFF OR ATTORNEY) Pago 3 of 3 PLD-P}-001{1 | SHORT TITLE; Esurance Property & Casualty Insurance Company a/g/o Valentine Ruiz vs. Daniel Florin Ciora, Alexandru OASE NUMBER: Danciu First CAUSE OF ACTION-iVotor Vehicle (number) ATTACHMENT TO [3] Complaint. [__] Cross ~ Complaint (Usea separate cause ofaction form for each cause ofactlon.} Plalnliff (name): Esurance Property & Casualty Insurance Company a/a/o Valentine MV-1, Mv-2, Ruiz Plaintiff alleges the acts of defendants were negligent; the acts ware the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (dats): May 21, 2016 at (place): 1-405 southbound near Fairview, Costa Mesa, CA DEFENDANTS a. The defendants who operated a motorvehicle are (names): Daniel Florin Ciora [x1 Does 1 to 15 _ b. The defendants who sitployed the persons who operated a motorvehicle In the courseof thelr employment are (names): Daniel Florin Ciora, Alexandru Danciu Does 1 to 15 ¢.[X_] The defendants who owned the mofor vehicle which was operated with thelr permission are (names): Alexandru Danciu [(x1Does1 to ADee d.[X J The defendants who entrusted the motor vehicle are (names): Alexandru Danciu [x] Does 1 tw 18 o. [x J The defendants who were the agents and employees of the olher defendants and acted within the scope of the agency were (names); Daniel Floxin Cilora, Alexandru Danciu [lho ft _. IE... 5 The defendants who are liable to plainiifis for other reasons and the reasons forthe fabilily are [J listed in Attachment Mv-2f [X_Jas follows: Daniel Florin Ciora while operating a vehicle owned by Alexandru Danciu causedthis accident by failing to drive within a single designated lane and/or making an unsafe lane changein violation of Vehicle Code section:21658(a)(b). Alexandru Danciu is liable and responsible for propetty damage resulting from the negligence by any person using or operating the vehicle with permission, express or implied, of the ownet pursuant to Vehicle Code section 17150. Lx)ed a Page of es "CAUSE OF ACTION-Motor Vehicle fegal Gada of Civil Procedure 426.12 PLD-PHOD1(1} {Rav. Januery 1, 2007) iBlas PLD-P1-001(2) SHORT TITLE: Esurance Property & Casualty Insurance Company CASE NUMBER; a/s/o Valentine Ruiz ve. Daniel Florin Ciora, Alexandru CAUSE OF ACTION-General Negligence bags & Second (number) ATTACHMENT TO [x] Complaint [1 Cross- Complaint (Use & separate cause ofaction formfor each cause ofaction.) GN-1. Plaintiff (name): Esurance Property & Casualty Insurance Company a/s/0 Valentine Ruiz allsges that defendant (name): Daniel Florin Ciora, Alexandru Danciu [x]Does1 to15 wasthe lagal (proximate) cause of damages lo plaintiff. By ths following acts or omissions to act, defendant negligently caused the damage to plaintiff on (dats): May 21, 2016 } at (place); T-405 southbound near Fairview, Costa Mesa, CA (description ofreasons for lability): GN - 2 Prior to the incident herdinafter described, Plaintiff Esurance Property & Casualty Ingurance Company. issued a policy of insurance to Valentine Ruiz to cover certain damages to his 2006 Chrysler Town & Country, California license plate number 5XNG263. While thie policy was in force and in effect on May 21, 2016, certain qualifying losges occurred and Plaintiff made certain payments pursuant to the terms and conditions of the policy. Therefore, Plaintiff is entitled to be subrogated to the rights of its insured for the sum of the payments made. GN -~ 3 Plaintiff is informed and believes, and thereon alleges, that on or about May 21, 2016, said insured motor vehicle was being lawfully operated or parked along, upon and/or adjacent to certain public streets and highways in the above- entitled Judicial District; that at said time and place, the Defendants, and each of them, #o negligently entrusted, managed, maintained, repaired, drove, and operated their motor vehicle so as to cause a collision accident involving sald inpured motor vehicle and so ap to proximately cause material and consequential damages, to .the extent and in the sum hereinabove alleged, all to the damage of Plaintiff's insured's motor vehicle and all to Plaintiff's consequent damage in like sum. Pago {of4Form Approved far Optional Usp 7 BlPtiT Judlofal Gounalt of California = alpO, CAUSE OF AGTION-GeneralNegligence solllL ) us - DO NOT FILE WITH THE COURT CIV-050 ~ UNLESS YOUAREAPPLYING FORA DEFAULTJUDGMENTUNDER CODEOF CIVIL PROCEDURE § 585 - AYTORNEY OR PARTY WITHOUTATTORNEY {Nanje end Adoreas): TELEPHONE NO.: FOR COURT USEONLY 818-548-6336 ; Michael Haus, Esq. SBN 304218 EETOUICALLYFILED Law Offices of Gregory Lucett County of Orange 330 N. Brand Blvd., Suite 900 03/15/2018 at 12:52:47 PM Glendale, CA 91203 Clerk ofthe ‘Superior Court By \kronlca Corral, Deputy Ofer ATTORNEYFOR (ems); Hisurance Property & Casualty Inguranc SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange atreeTiopREss: 700 Clvic Center Drive West MAILING ADDRESS: ; chryanpzipcope: Santa Ana, CA. 92701 BRANCH NAME: PLAINTIFF! gsurance Property & Casualty Insurance Company a/s/o Va DEFENDANT: Daniel Florin Ciloxa, Alexandru Danciu CASE NUMBER: PcieASd 30-2018-00979784~CL-PA-CIb To (nameof one defendant only): Alexandru Dancin Plaintiff (name ofone plaintiffonly). Esurance Property & Capually Insurance Company a/s/o Valentine Ruiz seeks damages In the above-sntlilsd action, as follows: 1. Genetal damages : : AMOUNT a. [_] Paln, suffering, and Inconverfience . .... lL II TrTTTTYTYTY SE sconces sesvmyes $ b. [7] Emotional dISr88S vv vv i cv tree eine herereEH ay , - 0, [7] L088 0f CONSOMIUM | 4 vv vette ees cee enr eet eee tae een Soiney mmr nmad d. [] Loss of soclaty and companlonship (wrongful death actlons only) . ..... 0... .. ET _- e. [_] Other (spec) . «oo vvvvsaerennnnnrann, § SE Sonik 5 nina B Bapan 3 cine smn 8 f. [_] Other (specify) ... cv...eee eS AERO Se aes TRAE UST , -- g- [J Continued on Attachment 1.g. 2. Speclal damages a. | ‘Molo! expanses (10 Gale) sors van 5 weve wns oes ses, 555 HER § BEV F © a FE EE SA 3 b. [J Future medical expensss (present value). . .... ---FRis 563s oh ¢. [1 Loss of earnings (to date) . Ny: Aree + Eee geCeCeeCea. $ d. [[] Loss of future earning capacity (presentval). ... ........... FET 4 BAR 5X od roves epee $ e. [x] Property damage , , .,... ,: 238.20 f. [_] Funeral expenses (wrongful death actions only)... .v.vov ver ovnoan 5 § 6 37% Bsbsasmse 3 g. [1 Future coniributions (presentvalus) (wrongful dealh actions only) . .......... ETTIPN h. [J Value of personal service, advice, or Wrafning (wrongful death actions only) «cov vvvivn... $ LCD Oter (speci) |L a J. C1 Other (9661),oven,RROOTRORPO k. [J continued on Attachment 2.k 3, [1 Punitive damages: Plaintiff reserves the right to seek punliive damages In the amountof (specify). .$ when pursuing a judgment In the sull flled agalnst you. Date: January 17, 2018 Michael Haug, Esq. SBN 304218 p a)The (TYPE OR PRINTNAME) 0 (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) i (Proof ofservice on reverse) _Fagaiolz a] Code of Civil Procadure, §§ 425.41, 426.118Foym Adoplad {or Mandalory Usa . STATEMENT OF DAMAGES eg at (Personal Injury or Wrongful Death) sol na : us U A T A A h e d EXHIBIT “B” Superior Court ot California - County of OrangeUr 1vu/ev io i 1ST PAPER <=$10K, 209 - ADVANCED JURY FEE (NON- REFUNDABLE) IN THE AMOUNT OF 375.00, TRANSACTION NUMBER 12371489 AND RECEIPT NUMBER 12195259, | 11 ANSWER TO COMPLAINT FILED BY CIORA, DANIEL FLORIN ON 06/19/2018 | 06/19/2018 ! 10 E-FILING TRANSACTION 1510806 RECEIVED ON 06/19/2018 06/21/2018 08:55:52 AM, I 9 PROOF OF SERVICE OF SUMMONS FILED BY ESURANCE PROPERTY 04/04/2018 & CASUALTY INSURANCE COMPANY ON 04/04/2018 8 E-FILING TRANSACTION 2657298 RECEIVED ON 04/04/2018 04/04/2018 ! 03:13:01 PM, 7 PAYMENT RECEIVED BY LEGALCONNECT FOR 170 - COMPLAINT OR 03/16/2018 OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 12315974 AND RECEIPT NUMBER “me maa | <* Participants | WW Cart © 2014 Superior Court of OrangeCounty Locations Telephone Numbers Employment Sitemap RSS Privacy Policy Webmaster _- . = Hearings https:/focapps.occourts.org/civilwebShoppingNS/ShowCase.do?index=0&number=30-201 8-00979784-CL-PA-CJC&tab=0#caseAnchor 7 pages NV 2 pages NV 1 pages 3/3 EXHIBIT “C” V X N a N W w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ar MICHAEL D. SCHOECK (SBN 277945) LAW OFFICES OF HARTSUYKER, STRATMAN & WILI TAMS ARDRA =- ay= iN 4607 Lakeview Canyon Rd., Suite 275 == = = Westlake Village, California 91361 =EE = E= Telephone: (818) 540-4410 SS == = E= Facsimile: (818) 540-4445 = =EE 5 == OurFile No.: 3006248497 == -_ = == Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE LIMITED JURISDICTION-CIVIL FARMERS INSURANCE EXCHANGE, a Case No: 30-2017-00910340-CL-PA-CJC California Interinsurance Exchange, NOTICE OF ENTRY OF JUDGMENT Plaintiff, V. Daniel Florin Ciora, Doe 1 through Doe 30, Inclusive, Defendants, ) ) ) ) ) ) ) ) ) ) ) ) TO Defendant, Daniel Florin Ciora; PLEASE TAKE NOTICE that on June 20, 2018, judgment was entered in favor of Plaintiff, FARMERS INSURANCE EXCHANGE,a California Interinsurance Exchange, and against the above-named Defendant, for damages in the sum of $11,030.45, interest in the sum of $77.90 and for a total judgment of $11,908.35. A true and correct copy ofthe judgment is attached hereto as Exhibit A. -7 Dated: ny<2, 2018 LAW OFFICES OF LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO - i - -~~ BY: L are Michael D..86hw8ck, Attorney for Plaintiff 1 NOTICE OF ENTRY OF JUDGMENT - - - - - - - - c n n a p . JUD~100 ATTORNEYOFF PANYY WITHOUYAYYONNEY (Name, slate barnvmbor, and nekiss) FOI COURTUSEONLY Michec] D, Schosok SBN: 277945 | Harlsuylcer, Straliman & Willlams-Abrego A607 Lakeview Canyon Rd, #275, Westlake Vlllags, CA 91361 TeLtkPHOREHOL(818) 540-4415 FAXNO (0ptansg;(818) 540-4445 S E MAIL ATDRESS (Opsenspzuma.tovar@farmetsinsurance.com UPERIORcourOF CALIRQ ATTONNLY FOR {Mems)iPatimerg Insutance Bxchaupy CENTRALJyQF ORANGE RNA SUPERIOR COURT OF CALIFORNIA, COUNTY OFORAIELECTROHICALLYRECEIVED 7 | Tice CENTER smeaTAppiEss700 Clyio Cantey Drive West SipsheaCabfoma, JU MAIUNG A0DRESS700 Civie Cantey Dilys West E i N 2 8 2018YANOZIP GODEISaNtA Ane, 92701 06/13/2018 4 01 5140 PM DAVID Hy arialNaeConti] Justloe Contor barJ y AMASAKI, Clary ofthe Coy PLAINTIFF: Faitmiers Insupance Exollango Bly: DEFENDANT:Danlel Florin Clova,ETF TTDEPupy JUDGMENT COREE. [J Byclark By Dafaull CJ Aftor Court lal 10-2017-00910340-CL-PA-CIC [XJ Byocount [7 onsStipulation [_] Dalendant Did Not Appear al Trlal JUDGMENT 1. (XJ BY DEFAULT 8, Delondant waa proporiy sarved wilh a copyof the summons and complaint. b. Defendant fallod to answertho complaint or appear und defend the ualkor within the time allowsd by law. o, Dalandanls default was enterad by the alark upon plalniiii's applioation. d. [] Clurk's dudgmont(Codo Civ. Pron,§ 686(n)). Defendant was sued only on a eantraat orjudgmant of a counof thia stalo for the recovery of money, 8, Gourl Judgment {Jods Clv, Proo., § §85(b)), The court conaldarod (1) [1 plaintlif's toslmony and olor evidence, @) plaintiff's wrltan declarallon (Oode Olv. Prao,, § 685(d)). 2. [] oNSTIPULATION a Plainlif and dofondant agreed (slipulated) hat a Judgmenl be enterad In this caso, The court approved the atipulatad Judgment and b, [] the signad wrillen stipulation waa lsd In the cage. o. [2] thestipulation was stated In opon cowt [J thastipulationwasstalad on ha tard, 3, [J AFTER COURT TRIAL. Tho Jury was walvad. The aourt consldorad tho ovidonco. a. The orse was tad on (dale and time): before (nama ofJudlcla] officer): bh. Appearances by: [J Plalntlif (name each): {1 Plainlilts atlormay {name ach): {1} {1) {2) (2) [7] Continued on Allachmontab, [CJ Dofondant (namo aah): [1 Dolendant's atlotney (namo och): in(1) @2) [1 Continued on Altechmont 8b, 0. [] Pefendant did not upper at lial, Defendant was properly sovad with notlos of tal, roquealad.d. [7] Aslaismentofdecision (Codo GM, Prov, §632) [] waanot [J was Pigs fol2 Fos ApsisiadovOpliosalUso JUDGMENT ‘ Ooda af0Preeatury, §§ 585, 884.0 JUD (90 [Row Joavary 1, 2087) ! Warlaw Dick Faim pPutdir N O N w oN 10 11 12 13 14 15 16 17 18 19 20 21 22 93 24 25 26 27 PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I'am a citizen of the United States, overthe age of eighteen years and not a party to thewithin entitled action. I am employed at the Law Offices ofHartsuyker, Stratman & Williams- Abrego, at 4607 Lakeview Canyon Rd., Suite 275, Westlake Village, California 91361. On July 5 . 2018, I served the attached described document: NOTICE OFENTRY OF JUDGMENT on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Daniel Florin Ciora 8111 Stanford Ave. Spc 157 Garden Grove, CA 92841 Defendant in pro per and served the named document in the manner indicated below: [XX] BYMAIL: I caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the Law Offices of Hartsuyker, Stratman & Williams-Abrego, at 4607 Lakeview Canyon Rd., Suite 275, Westlake Village, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. I declare underpenalty ofperjury under the laws ofthe State of California that the foregoing is true and correct. Executed on July= 2018, at Westlake Village, California. = CD PROOF OF SERVICE o e - - - - - ~ - - - - - r - - - - - - - - - - - - S Y - e ne 4 % a e + " - E y W s p - - - PLAINTIFF:Palmers Inswance Bxchangoe OABEHUMBER 30-2017-00910340-CL-PA-CIC DEFENDANT:Danlel Rlovin Clois, ok al, [7 tHECOURT [] THE CLERKJUDGMENT |8 ENTERED AS FOLLOWS BY: 4. [C1 Stipulatod Judgmont, JudgmontIs entarod according lo tho slipulalion of the parilos, 5, Partfos. Judgmont is a [2X] for plalnlif (name oach): Faunets Insuranco Exchange, a ¢. [J lor oross-complafnant {name each): Crlifornia Interinsuranco Bxchanga and againat oross-defendanl (name each):and against dofondant (nemos): Danle] Tlorin Clos [C1 conlinuad on Attachment Bg, [J Continued on Attashmont &o, b. [1 for detendant (name oach): d. [] for croas-defendant(nate each): 8. Amount, a. [X] Defendant named In lem 6a abovo must c. [1 Cross-defendunt named In liem io abova must pay pay platntilf on the omplalnt: aross-complalnant on the croas-complalnt: (1) [X] Damages $ 11,030.45 (1) [1 Dpamsgos $ (2 [X] Prefudgmment $ 877,90 ® [J Prejudgment $ Interost at the Interest al the annualrateof 7% annual rale of % (8) [1 Atornoy (ass $ (8) [_] Attornay fess $ (4) [J Coste $ (4) [1 Costs $ (6) [1 Other spaotiy): $ 8) [J Othor (speci): » (8) TOTAL $ 11,908.35 [© TOTAL $ | b. [1 Plalnilf to racelya nothing from defondant d. [7] Groos-oomplalnent to recelva nothing from named In ftom 6b, aross-dofondant hamad In tem 6d. [1 Dalondant named In lem &b lo recover [__] Cross-dslendant namad In lain 6d to rabover nogls aosla § [1 and attomay Io {"] and allomoy faes § 7. [1 other (specify): M8 Dale! JUN 7 0 = 2\ yS.Ca 7 Dale! Judge Core Claik, by fam CLERK'S CERTIFICATE (Oplloral) = I cally that this ls & Lruo copy of tho original [udgmnnt on flo In the court. Dale: < Cletk, by » Dapuly Page Rol 2 lave VU190[RoW danvey 1, 2002) JUDGMENT W A S S O N & AS SO CI AT ES , IN C. 2 5 0 N o r t h G o l d e n Ci rc le , Su it e 2 1 0 Sa nt a An a, Ca li fo rn ia 92 70 5 (7 14 ) 36 8- 00 00 S S O C N n B R W N N D D N N N N D N N O N D O N m m e m ge m b a e a e a e a e a a X X N A A B R A W N = O 0 ® N N N D A W Y - PROOF OF SERVICE I am over the age of 18 years, and not a party to or interested in the within entitled action. I am an employee of Wasson & Associates, Inc., and my business address is 250 North Golden Circle, Suite 210, Santa Ana, California 92705. On October 10, 2018, I served the attached MOTION TO SET ASIDE DEFAULT on interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Vernon C. Tucker Downs & Associates 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, CA 91361 Hartsuyker, Stratman, Williams-Abrego (Oakland) 505 14St. #400 Oakland, CA 94612-1913 Michael Haus, Esq. Law Offices of Gregory Lucett 330 N. Brand Blvd., Suite 900 Glendale, CA 91203 Michael.Haus@allstate.com Attorneys for Esurance Property & Casualty Insurance Comp (818) 548-6336 T (866) 366-9168 F [X] BY MAIL I am readily familiar with this office’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at Orange County, California, in the ordinary course of business. I am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [1] BY FACSIMILE TRANSMISSION from Facsimile No. (714) 368-0033 to the fax number(s) listed on the service list. The facsimile machine I used complied with Court Rule 2.306. Pursuant to Rule 2.306, I caused the machine to print a transmission confirmation report that showed the document was transmitted complete and without error and a copy is attached. Executed on October 10, 2018 at Santa Ana, California. I declar penalty of perjury that the above is true and correct. ~~amileh Sardbigp-- 13 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc