Esurance Property & Casualty Insurance Company vs. Daniel Florin Ciora

Motion

Cal. Super. - 4th Dist.March 15, 2018

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 B R A W N BN D N D N N N N N N H m e m e m e m e m e m e m e m e m ® N A A L A W N = O L V ® N N N A W N -~ , o 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 ESURANCE PROPERTY & CASUALTY Case No.: 30-2018-00979784-CL-PA-CIC INSURANCE COMPANY a/s/o Valentine Ruiz, NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT; MEMORANDUM Plaintiff{(s), OF POINTS AND AUTHORITIES; DECLARATION OF DAVID B. WASSON; Vs. AND EXHIBITS IN SUPPORT THEREOF DANIEL FLORIN CIORA, ALEXANDRU [Filed Concurrently with [PROPOSED] ORDER] DANCIU and Does 1 through 15, inclusive Complaint filed: March 15, 2018 Defendant(s). 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- entitledcourthouse located at 700 W. Civic Center Drive Santa Ana, CA 92701, will move this court for1NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULTE\WASSONWMOTION TO SET ASIDE DEFAULT_JAN 17-10-10-18.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 N O 0 N N O N DA N W N B O N B R O R O N O K O B O R o e s oe s o s B e e d e d R E A h e e N A D L E R = , © 0 O W W M O R W O R D o S 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. 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 INDEMNITY\ACTIVE FILES\5-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 O O 0 O N O& O n N D A W O N - _ = N = o O 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES 1. 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 Ei. “Wasson Dec”). Liability is disputed. Id. Plaintiff seeks reimbursement for the payments it made on behalf of its 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 for this lawsuit that was filed arising out of this vehicle accident, which was filed by the Plaintiff on March 15, 2018. (Wasson Dec 9 3. Attached hereto as Exhibit “A” is a true and correct copy of the Complaint.) Defendant DANIEL FLORIN CIORA was served and Plaintifffiled their proof of service on April 4, 2018. (Wasson Dec 9 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 § 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 or his 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 orsituation 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 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 N O © 9 O O n A W N B N R N N N N N O N R e o e e n e m e s e s e e a a W M O W w E W N = S D T e A B o x N E 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, 1141-1142; 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 favors relief 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 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 by default.” See also Fasuyi v. Permatex, Inc. (2008) 167 Cal. App. 4th 681, 694-703. Under §473 analysis, “a mistake oflaw 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. (Zammen 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 Springs Riveira 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.” (Barratti, 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 fact, of which the “determining factors are the reasonableness of the misconception and the justifiability of lack of determination ofthe correct law.” (Id.) This determination is to be made by 4 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT K:AFINANCIAL INDEMNITY\ACTIVE FILES\5-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 SO S V O © 9 U n R A W N O R O B O N 1 0 O K O M O R OB ) R d e d e e p e e a e e B E R R e d P X N A A W N = O L V O O , B o o = 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. (Barratti, 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 oftheir 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. (/d.) 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 adjusterthat 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 heldto the standard of an adult. (Zammen, 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 Defendant’s 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 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 ,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 N O © N N O N U n BN A W N N O R D N N N N N N m o e m e m o m e m e m oe m e m N e x I r R W R R O W O R N B Y M E R D N = 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. P.E.R.U. Enterprises (1978) 87 Cal. App. 3d 886, 890-891. Whether or notrelief should be granted under CCP §473.5 is a matter within the discretion ofthe trial court. Brockman v. Wagenbach (195 7) 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 of the 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 41241, 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 personaljurisdiction and defendant lacked notice of the proceedings, due to 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 D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES ,I N 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 N O O n v R A W N N N B R N D N N N N = m m e m o e e e R o w a y B h R e W N O F D D O D 6 0 Os ] O h L h d e W d b h 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). [“An attorney 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 counselif 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 powerto 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 4" 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 defendants attorney 7 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT K:AFINANCIAL INDEMNITY\ACTIVE FILES\5-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 O o 0 0 N N A N N B A W N e m S O N R D N D N N N N = a o m oe m o e o m o e m e m = w l B r M E G B B g B D W e G e 5 ] g y W e B e B a 8 O B 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 Plaintiff knew that the party was covered by insurance, but despite knowing that Alliance United would certainly provide representation to its insured to defend against Plaintiff's 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 of its Complaint or the Proof of Service. Defendant’s counsel lost touch with Mr. SANTIAGO for a 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 Defendant therebyrespectfully 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 of the lawsuit the Defendant was appointed legal representation. Defendantis 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 equitable relief on 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 of his 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 DEFAULT K:AFINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora D0] 7360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES ,I N 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 © J O N W n B A W N D N N D D N D N D N N N N M o e e e m e m e m e m e m p a X ® N A L B A W N = O 0 X N O N D R A W N = o o 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 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 (71 4) 36 8- 00 00 O O 0 N N O & O B N W O N a N B o D O K O R O R O S R E o e pe s ge s m E g e R e e h B E e e O M 3 M r B E N O R G 0 0 w l 0 % G h A R D e e a DECLARATION OF DAVID B. WASSON IN SUPPORT OF MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT I, David B. Wasson, declare as follows: . 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. Our firm wasretained by Defendant’s automobile insurance carrier, Alliance United Insurance Company to provide a defense in this action. I have personal knowledge of the 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 Defendanttraveling southbound on the 1-405 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 damagesto his 2006 Chrysler Town & Country vehicle bearing license plate number SXNG263. 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 wasfiled by the Plaintiff on March 15,2018. Attached hereto as Exhibit “A”is a true and correct copy of the 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 of the 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 ofthe lawsuit in April 2018, and subsequently hired Defense counsel. On June 20, 2018, a Notice of Entry of Judgement was entered. 6. In April 2018, Defendant’s insurance company Alliance United retained our law firm in orderto represent Defendants in this lawsuit for property damage claims that was filed on March 15, 2018. 10 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 W A S S O N & AS SO CI AT ES , IN C. 2 5 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 © © X X N N N D N A W O N N O N R D N R N N N N m m = e r m m e m e m e s e m e a ® N A A R A W L I N S O V ® O O h s ® O o o o 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 D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc W A S S O N & AS SO CI AT ES ,I N 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 0 9 O& O U n A W O N D N D N N N N N N m o m o m e m a h m e m e a o e R A I A S R W N S O C C O ] O W N E N = S 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 ofthe Superior Court 12 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT KAFINANCIAL INDEMNITY\ACTIVE FILES\5-PROPERTY DAMAGE\Esurance v Ciora DO17360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc EXHIBIT “A” NO17360CATE PHX0114163-MH~RK-VC CM-010 ATTORNEY OR PARTY WITHOUT AYTORNEY (Nema, Slate Bernumbar, snd address): FOR COURT USEONLY ichael Haus, Esq. SBN 304218 Law Offices of Gregory Lucett 330 N. Brand Blvd., Suite; 300 ELorCoanffom? Glendale, CA 91203 County of Orange 03/15/2018 at 12:52:47 PM TELEPHONENO. 818-548-6336 ~~ raxno: 866-366-9168 Clerk of the Suparior Court ATTORNEY FOR ome); EESUrance Property & Casualty Insurance By Veronica Qamral, Deputy Glerk SUPERIOR COURT OF CALIFORNIA, GOUNTY OF Orange sTrReeTanoress: 70Q Civic Center Drive West MAILING ADDRESS: oiryanbzipcobe: Santa Ana, CA 92701 BRANCH NAME: CASE NAME: Esurance Property & Casualty Insurance Company a/s/o Valentine RUiz vs. Daniel Florin Cio CIVIL CASE COVER SHEET 2 Complex Case Designation CASE NUMBER: 512018.01007078-]i [x]igi) *- [J counter [_] Joinder SRSAmoun moun ; : ;{4 Filed with first appearance by defendant JUDGE:Same000) reaay (Cal. Rules of Court, rule 3.402) pees {tems 1-Bipelow must be completed (see instructions on page 2), 1, Check one box below for the case type that best describes (his case: Provislonally Complex Civil Litigation Auto Tort i Contract Aufo (22) © [CZ] Breach of contract/warranty (08) (Cal. Rules of Count, rules 3.400-3.403) [J uninsured motorist (46) + [J Rule 3.740 colictions (08) = Antitrust/Trade regulation (03) Other PIPD/WD {Personal Injury/Property . Other collections (09 Construction defect (10) Damage/Wrongful Death) Tort = insurance radia” (C_] Masstort (40) [JAsbestos (04) Other contract (37) [CJ securities ligation (28) [J Product liability (24) Real Property ("J Environmental/Toxic tori (30) [] Medical malpractice (45) "1 Eminent domain/inverse [1 Insurance coverage claims arising from the [J other PIPDIWD (23) : __ condemnation (14) above listed provisionally complex case Non-PUPDAWD (Other) Tort - [] wrangtuleviction (33) pea 89) [J Business tortlunfalr business practice (07) {J otherreal property (26) Enforcement of Judgment [Tcl rights (08) ©" Unlawful Detalner [1 Enforcement of judgment(20) {Defamation (13) [1 commercial (31) Miscellanaous Civil Complaint ("J Fraud (16) [J Residential (32) (J Rico (27) 7) intellectual property (18) [] orugs (38) [J other comptaint (not specified above) (42) [7] Professional negligence (25) Judicial Review Miscallansous Clvil Petition [1 other non-PIPDAND tort (36) [_] Assetforfalture (05) [J Partnership and corporate governance (21) Employment © [_] Pefition re: arbitration award (11) [__] Other pelition (ot specified above) (43) ["] Wrongful termination (36) [1 writ of mandate (02) [7] other employment(16) [J olher judicial review (39) 2. Thiscase [lis [x] Isnot camplexundsrrule 3.400 of the California Rules of Court.If the case is complex, mark the factors requiring exceptional judiclal mariagement: a. |__] Large numberof separately represented parties d. [__] Large numberofwitnesses b. [_] Extensive motion practice raising difficult or novel e, [___] Coordination with related actions pending in one or more courls issues that will be time-consuming to resolve in other counties, states, or countrles, or in a federal court ¢. [| Substantial amount of documentary evidence f. [J Substantial postjudgmentjudicial supervision 3. Remedies sought (check all that appiy)ia. [x] monetary b. [1 nonmonetary; declaratory or injunctive rellef ¢. [__] punitive 1 3 4, Numberof causes of action (specify): Two 5. Thiscase [is [x] isnot a class action sult. 6. If there are any known related cases,file and serve a nollce of related case. (You may use fon CM-015.) Date: January F7 , 2018 ) Pp ‘ MichaelHaus, Egg, SBN 304218(VEZ OR PRINT NAME) - . (3IGRATURE OF PARTYOR ATTORNEY FOR PARTY) NOTICE o Plaintiff mustfile this cover sheet with the first paper filed in the action or under the Probate Code, Family Code, or Welfare and Institutions Code). in sanctions. ) « File this cover sheet In addition to any cover sheet required by local court rule. o If this case Is complex underrule 3.400et seq. of the Califomia Rules of Court, you mus{ serve a copyofthis cover sheet on all roceeding (except small claims cases or cases filed lca. Rules of Court, rule 3,220.) Failure to file may result other parties to the action or proceeding:o Unless [his is a collections case underrille 3.740 or a complex cass,thls cover sheet will be used forstatistical purposes only. byPage of2} u Cal, Rules of Gourt, rules 2.30, 3,220,3.4 2.740; FiatCounsallot CIVIL CASE COVER SHEETSolIv ons. Gol,SaCa108ofJaeAGHatotplion.So 240 CM-010 [Rav. July 1, 2007) n e . e m e s r - T r a e s e o r r m a w s - - a n T T I E I N A PE H T A T T T Y E T r t e y A d n a t n p e SUM-100 SUMMONS (CITACION JUDICIAL) (SOLOPARAL190BELACorre) NOTICE TO DEFENDANT: Daniel Florin Ciora, Alexandru ELECTRONICALLYFIL (AVISO AL DEMANDADOQ); Danciu Does 1 to 15 eo CoutoGalton, ounty of Grange 03/5/2018 at 12:52:47 Prd Clerk of the Superior Qourt By ‘Veronica Comal, Deputy Clerk YOU ARE BEING SUED BY PLAINTIFF: Esurance Property & (LO ESTA DEMANDANDO EL DEMANDANTE): Casualty Ingurance Company a/s/o Valentine Ruiz NITIEE You have been sued. The court may decide agalnet you without your being heard unless you respond within 30 days. Read the Information 8l10W. You have 30 CALENDAR DAYS after this summons and legal papers are served on you fo flle a wrilten response al this court served on the plaintiff. A Ieltsr or phone call will not protect you. Yourwritten response must be In proper {Boelform If you wantaoatdou case. There may be a cour form {hat you oan uss for your response. You can find these court forms and more Information at the Callfornia Coutts Online Self-Help Center (www.courtinfo.ca.gov/selfhefp), your counly law library, or the courthouse nearest you,If you cannot pay the fling fes, ask the court clerk for a fee walver form. If you do notfile your response on tims, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. other Isgal requirements. You may wantto call an attorneyright away. If you do nat know an attorney, you may wantto call an altozneyThere are referral service. If you cannot afford an atlomey, you may besligible for free legal services from a nonprofit legal services program, You can locale these nonprofit groups atthe California Legal Services Web site (www./awheipcalifornia.org), the California Courts Online Self-Help Center (www. courtinfo.ca.gov/seifhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for walved fees and costs on any settlement or arbitrallon award of $10,000 or more In a civil case, The court's llen must be pald bafore the court will dismiss the cass JAVISOI Lo han demandado. Si no responde dentro de 30 dfas, la carte pueds deoidir en su contra sin esouchar su version. Lea la informacion a conlinuacion Tlene 30 DIAS DE CALENDARIO despuss de que fo entreguen esta cllacion y papeles legales para presenlar una respuesta por escrito en esta. corto y hacer que se entregue una copla al demendante. Una carla o une llamada telefénica no lo protegen, Su respuesta por escrilo tiene que estar en formalo legal correclo $l desea que procesen.su caso en [a corte. Es posible que haya un formularlo que usted pueda usar para su respussla. Pusds snconirar estos formularlos de la corte y'iés informacién en el Cenlro de Ayuda de las Cortes de California (www.sucorte,ca.gov), en la biblioteca de leyes ds su condado o en la corteque le quede més cerca. SI no puede pagar Ia cuola de presentacion, plda al secretario de la corle lario de exentlén de pago de cuotas. SI no presenia su respuesta a tlempo, puede perder el caso por incumplimlento y la corte leque le dé un formu podré guitar su sueldo, dinero yblenes sin més advertencla. 's recarnendable que llame a un abogado inmedfatamenle. Si no conace a un abogado, puede llamar a un sevicio deHay otros mquisitos /egales. remision a abogados. Sf no puede pagar a un abogado, es posible que aumpla con los oqiéena para cbtener servicios legales gratullos de un programa de servicios legales sin fines de lucro, Puede encontrar estos grupos sin fines de lucro en el sitio wab de California Legal Services, (www.lawha Doro , an el Centro de Ayuda de las Cortes de California, (www.suoorte.ca.qov) © poniéndpse en contacto con la cole o el colaglo ds abogados locales. AVISQ: Porsy, la core lene deracho araclamar las cuotas y fos costos exenlos poy imponer un gravamen sobre cualquier recuperacion de $10,000 6 més de valorreciblda mediante un acusrdo o una concesién de arbltraje en un caso de derecho civil. Tlene que pagar el gravamen de la corte anles de que Ia corte pueda desgohar el caso. he name and address of the courl is: CASE NUMBER: (El nombre y direccion de la corte es): (Nomar def Caso ): 30-2018-00078784-CL-FACJC Superior Court of California County of Orange Limited Civil Action 700 Clvic Center Drive West Santa Ana, CA 92701 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an atlornsy,is: (El nombre, Ia direccién y el nimero de teléfono del abogado del demandante, o del demandante que no tlene abogado, es); Michael Haus, Esq. SBN 304218 818-548-6336 866-366-9168 Law Offices of Gregory Lucett 330 N. Brand Blvd., Suite 900 : Glendale, CA 91203 7 . : DATE: yaisnots DAVID H. YAMASAKI, Clerk of the Court Gladby wo Corin Dep (Fecha) REDE (Ssoretario) (Adjunto) (For proofofservice ofthis summons, use Proof of Service of Summons (form POS-010).) : (Para prueba de entrega de esta citation usael formulario Proof of Service of Summons, (POS-010)). \ieronica Coral - NOTICE TQTHE PERSON SERVED: You ara served 1. {__] as.an individual defendant. 2, [J as’the person sued underthe fictitious nameof (specify): 3.5L1 onbehalf of (specify): under: f__] CCP 416.10 (corporation) [C1 CCP 416.60 (minor) [J cCP 416.20 (defunct corporation) {1 CCP 418.70 (conservales) :[__] CCP 416.40 (assoclation or partnership) [_] CCP 416.90 (authorized person) [C] other (specify): 4. [1 by personal delivery on (date): Pago 1 of 1 Fan;Jopian iety1h = SUMMONS Sofims Code of Civil Procedure §§ 412,20, 465 SUM-100 Rev. July 1, 2009] ) (ahn +1 PLD-PI-001 E-MAIL ADDRESS (optional): M1chael . Haus®@allstate. com ATTOR] SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange ORPARTY WITHOUT ATTO , , : | Michael Haus, Esq.SBN304318 E-- Law Offices of Gregory Lucett TRE I 330° N. Brand Blvd., Suite 900 : rao,DaaAAAGlendale, CA 91203 CountyofOrange; 03/16/2018 at 12:52:47 Ph TELEPHONE ND: B18-548-6336 | FAXNO. (Opllonslp 866-366-9168 Clerk of the Superior Court By Veronica Gorral,Deputy Clerk ame; BEBU Proper Cagualty Insu Co sTrReeTADOReEss: 700 Civic Center Drive West MAINGADDRESS! } cry ANpzipcope: Santa Ana, CA 92701 BRANCH NAME: a/s/o Valentine Ruiz [x] poEs1T0 15 J PLAINTIFF: EBurance Property & Casualty Insurance Company DEFENDANT: Daniel Florin Ciora, Alexandru Danciu COMPLAINT-PersonalInjury, Property Damage, Wrongful Death Type (check all that apply): [x] MOTORVERICLE [x] OTHER (specify): Subrogation Property Damage [] wrongful Death [J Personal Injury [x] Other Damages (specify): Pursuant to Civil Code Sectiond 3287 and 3291 [J AMENDED (Number): Jurisdiction (check all that apply):[x] ACTION IS A LIMITED CIVIL CASE[J ACTION IS AN UNLIMITED CIVIL CASE(exceeds $25,000){1 ACTION 1S RECLASSIFIED hythis amended complaintAmount demanded doesnot exceed $10,000|__| exceeds $10,000, but does not exceed $25,000from limited to uniimitedfrom unlimited to limited 2; 3. Form Approvad for Optional Use Judicial Council ofCatfomnla Damage, Wrongful Death EIRINT nono or names):EguranceProperty & Casualty Insurance Company a/s/o Valentine Ruiz 5 alleges causes of action against defendant (name or names): Daniel Florin Ciora, Alexandru Danciu Does 1 to 15 This pleading, including attachments and exhibits, consists of the following number of pages: 5 Each plaintiff named above is a competent adult a. except plaintiff (name): Esurance Property & Casualty Insurance Company (1) [x] a corporation qualified to do business in California {2) [_] an unincorporated entily {describe): {3) [_] apublic entity (describes): (4) [J aminor [1 an adult,. . (8) [_] for whom a guardian or conservatorof the estate or a guardian ad litem has been appointed (by [_] other (specify): (6) [_] other (specify): a b. [_] except plaintiff (name): (1) [] a corporation qualified lo do business in California (2) [1 an unincorporated entity (describe): (3) [J] a public entity (describe): (4) [_] aminor an adult (@) [__] for whom a guardian or conservator ofthe estate or a guardian ad litem has been appointed ib) [J other (specify): (5) [] other (specify): [1 information about additional plaintiffs who are not competent adults is shown in Attachment3. Page fold COMPLAINT--Personal Injury, Property [egal Codo of Civil Pradedure, § 425.12 Solutions: PLD-PHO01 [Rav. Jaayary 1. 2007) ci CASE NUMBER: 30-2018-00870784-CL-FA-CJC PLD-P|-001 SHORT TILE: EBurance Property-& Casualty Insurance Company CASE NUMBER: a/s/o Valentine Ruiz vs. Daniel Florin Ciora, Alexandru . Danciu 4. [__] Plaintiff (name): . is doing business under the fictitious name (specify): and has complied with the fictitiousbusiness name laws. 6. Each defendant named above Is a natural person a. [__] except defendant (name): ¢. [J except defendant (name): (1) [] a business organization, form unknown (1) (__] a business organization, form unknown (2) [] a corporation Y (2) [1 a corporation (3) [_] an unincorporated eniity (describe): (3) [J an unincorporated entity (describe): (4) [J a public entity (describe): (4) (C1 a public entity (describe): (5) [__] other(specify): (8) (] other (specify): b. [_] except defendant (name): - - d. [1] except defendant (name): (1) [J a business organization, form unknown (1) [_] a business organization, form unknown (2) [J a corporation (2) CJ a corporation (3) [__] an unincorporated entity (describe): (3) [1 an unincorporated entity (describe): (4) [J a public entity (describe): - (4) [__] a public entity (describe): (5) [J other (specify): 3 (6) [1 other (specify): 3 fo [ Information about additional defendants who are not natural persons Is contained in Altachment 5. 6. The true names of defendants sued agDoas are unknown {o plaintiff. a.[x] Doe defendants (specify Doa numbers): 1_to 15 were the agents or employass of other named defendants and acled ‘Within the scope of that agency or employment. b. [x] Doe defendants {specify Doeinumbers). 1_to 15 are persons whose capacities are unknown to plaintiff. i 7. [_] Defendants who are joined undey, Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [x] atleast one defendant now residesin its jurisdictional area. b. [J the principal place of business of a defendant corporation or unincorporated association is In its jurisdictional area. c. [x7] injury to person or damage lo personal property occurred In Its Jurisdictionalarea. d. [_] other (specify): 9. [] Plaintiff is required to comply with a claims statute, and a. has complied with applicable tlaims slatufes, or b. Is excused from complying because (specify): PLD-PI001 Rev. January 1, 2007) COMPLAINT-Personal Injury, Property Pago 2 of 3 - Damage, Wrongful Death sa n PLD-P-001 SHORTTITLE: EBurance Property & Casualty Insurance Company CASE NUMBER: a/8re Valentine Ruiz vs.Daniel Florin Ciora, Alexandru Danciu 2 10. The following causes of action are aftiched and the statements above apply to each (each complaint must have one or more causes ofaction attached): a. Motor Vehicle b. [x] General Negligence [1 intentional Tort : [7] Products Llabliity [J] Premises Liability [1] c. d. e. f. Other (specify): 11. Plainliff has suffered ‘ a. [_] wage loss ‘ b. [x] loss of use of property c. [J] hospital and medical expenses d. [_] general damage e. properly damage f. [_] loss of earning capacity g. other damage (specify): Subrogation damages [_] The damages claimed for wrongful death and the relationships of plaintiff to {he deceased are a. [_] listed in Attachment 12. : b.[] as follows: 12. 13. The rellef sought in this complaint is within the Jurisdiction of this caurt. 14. Plaintiff prays for judgment for costs of sult; for such rellef as Is fair, just, and equitable; and for a. (1) {x] compensatory damages (2) [J punitive damages § The amount of damages is {in cases forpersonal (1) [_] according to proof ~~. (2) [x] intheamountof:$ 2,238.20 plus prejudgment interest and costs as allowed by Court, injury or wrongful death, you must check (1)): 15. The paragraphs of this complaint alleged on information and bslisf are as follows (specifyparagraph numbers): MV-1, MV2, GN-2 and "GN-3 Date: January (77 , 2018 P stiMichael Haus, Esq. J (TYPE OR PRINT NAME) * (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 Ret. January 1, 2007] ‘COMPLAINT-Personal Injury, Property | Damage, Wrongful Death Pago 3 of 3 PLD-P}-001(1 SHORT TITLE; Esurance Property & Casualty Insurance Company GASE NUMBER: a/g/o Valentine Ruiz vs. Daniel Florin Ciora, Alexandru Danciu First CAUSE OF ACTION-MMotor Vehicle (number) ATTACHMENT TO [x] Complaint. [__] Cross - Complaint (Use a separate cause of action form for each cause ofaction.) Plainlff (name): Esurance Property & Cagualty Insurance Company a/e/o Valentine MV-1, Mv-2, Judiolal Counoll of California Ruiz Plaintiff alleges the acts of defendants ware negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): May 21, 2016 at (place): 1-405 southbound near Fairview, Cogta Mega, CA DEFENDANTS a, The defendants who operated a motor vehicle are (names): Daniel Florin Ciora [x] Does 1 to 15 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Daniel Florin Ciora, Alexandru Danciu Does 1 to 18 c. The defendants who owned the motor vehicle which was operated with thelr permission are {names): Alexandru Danciu Gboes1 tols d.[xThe defendants who entrusted the motorvehicle are (names): Alexandru Danciu [x] Does 1 to o.[% J The defendants who were the agents and employeesof the other defendants and acted within the scope of the agency were (names); Daniel Florin Cilora, Alexandru Danciu Does1 lols f. [3 J The defendants who are liable to plaintiffs for other reasons and the reasons for thefiabilily are [J listed in Attachment Mv-2f [X Jasfollows: Daniel Florin Ciora while operating a vehicle owned by Alexandm Danciu causedthis accident by failing to drive withina single designated lane and/or making an unsafe lane change in violation of Vehicle Code section:21658(a)(b). Alexandru Danciu is liable and responsible for property damage resulting from the negligence by any person using or operating the vehicle with permission, express or implied, of the owner pursuant to Vehicle Code section 17150. [xJ)poes 1 {ois Page 1 of Form Approved for Optanal Use ’ “CAUSE OF ACTION-Motor Vehicle [egal Gude of CIvilProcedure 425.12 Sooy Qos:FLO-AHOD1(1) {Rev. Januery 1, 2007} Plug PLD-P1-001(2) SHORT TITLE: Esurance Property & Casualty Insurance Company CASE NUMBER: a/s/o Valentine Ruiz ve. Daniel Florin Ciora, Alexandru Second CAUSE OF ACTION~-General Negligence Page 5 (number) ATTACHMENT TO [x] Complaint [1 Cross- Complaint (Use a separate cause ofaction formfor each cause of action.) GN-f. Plaintiff (name): Esurance Property & Casualty Insurance Company a/g/o Valentine Ruiz alleges that defendant (name): Daniel Florin Ciora, Alexandru Danciu [x] Doesi to15 was the legal (proximate) cause of damages foplaintiff. Byths following acts or omissionsto act, defendant negligently caused the damageto plaintiff on (date): May 21, 2016 . at (place). I-405 southbound near Fairview, Costa Mesa, CA (description ofreasonsforliability): GN - 2 Prior to the incident herdinafter described, Plaintiff Egurance Property & Casualty Insurance Companyissued a policy of ingurance to Valentine Ruiz to cover certain damages to hig 2006 Chrysler Town & Country, California license plate number 5XNG263. While this policy was in force and in effect op May 21, 2016, certain qualifying losses occurred and Plaintiff made certain payments pursuant to the terms and conditions of the policy. Therefore, Plaintiff ig entitled to be subrogated to the rights of itg 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, so negligently entrusted, managed, maintained, repaired, drove, and operated their motor vehicle so as to cause a collision accident involving said insured motor vehicle and so ag 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 1ofForm Approved forOplional Uso vi Code of CivProcedure 425.12OressingKressI CAUSE OF ACTION-General Negligence 14os: Ss - DO NOT FILE WITH THE COURT ~ CIV-050 - UNLESS YOUAREAPPLYING FORA DEFAULTJUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - ATTORNEYOR PARTY WITHOUTATTORNEY {Nante ¢nd Address): TELEPHONE NO. FORCOURT USEONLY 818-548-6336 : Michael Haus, Esq. SBN 304218 FaCoHCE Law Offices of Gregory Lucett County of Orange 330 N, Brand Blvd., Suite 900 03M5/2018 at 12:52:47 PM Glendale, CA 91203 Clerk of the Superior Court By \kronica Corral, Deputy Oferk ATTORNEYFOR (ema; Esurance Property & Casualty Inguranc SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange sTrReeTaDDRESS: 700 Civic Center Drive West MAILING ADDRESS: , city aNpzipcone: Santa Ana, CA. 92701 BRANCH NAME: PLAINTIFF: Esurance Property & Casualty Insurance Company a/s/o Va DEFENDANT: Daniel Florin Ciora, Alexandru Danciu CASE NUMBER: STATEMENT. OF DAMAGES {Personal Injury or Wrongful Death) 30-2018-00979784~-CL-PA-CJ To (name of one defendant only): Alexandru Danciu Plainllff (name ofone plaintiffonly): Esurance Property & Capually Insurance Company a/s/o Valentine Ruiz ( 1 seeks damages In the above-sniitled aclion, as follows: 1. General damages , : AMOUNT a. [_] Pain, suffering, and Inconverience ..............cvou SE Toni & § HAE pene sues ars $ b. [] Emotional distress .....eeeeA$ ¢, [__] Loss of consortium , ....., eeeCeei--| d. [_] Loss of soclety and companlonship (wrongful death actions only) . o.oo iv vue eninen nas $ 6 TI ORT Ppa+ sommes coupe « sommes 2 osmswcn ma wine n sou sconin wins sonsecn © som RD § Sac$ f. [_] Other (specify) ..........5% EE § 6 SE BES § EASE ES GES WE BE BEA- g. [1 Continued on Attachment 1.g. 2. Special damages a. __] Medical expenses (fo date). ................ Sa EE I GES § BR § RES § TTT $ b. [J Future medical expenses (present value). . ............AA-58 c. [] Loss of earnings (fo date) . 0. .v. oo... FEE VERY $0 SE- y ows go ws Bug os $ d. [7] Loss of fulure earning capacity (presentValle). . .......c.ovvv von. Toionene = ptm AH SEES $ e. [x] Property damage , _. .... sms J i 3 0 HE Bid GB 3 53.5 § 6km$ 238.20 f. [1 Funeral expenses (wrongful death actions only). ..............o..0s E50 ER Wass & vase $ g. [J Future contribulions (presentvalue) (wrongful death actions only) . . .. . SEB SINE YEE TY $ fh. [__] Value of personal service, advice, or lraining (wrongful death actions only) . ...c.vvvvvvv. $ i. [] Other (specify) , , .....oPCeeCe Beceem j. [_] Other (specify) + cml gsm « SemEm vane vena seine». dzenesients ges $__ k. [J Continuad on Atlachment2.k: 3. [1 Punitive damages: Plaintiff reserves the right to seek punitive damages In the amount of (specify). .$ when pursuing a judgment in the sull flled against you. Date: January 17, 2018 Haug,Esq. SBN 304218 > tnaDh, (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) o (Proof of service on reverse) Paga1 FormAdopted for Mandalory Usa .- STATEMENT OF DAMAGES Codo of Clvll Procadurs, §§ 426.11, 426.115 udiols] Councol Geos (PersonalInjury or Wrongful Death) Sg a CIV-050{R ev. January 1, 2007) 5 a us EXHIBIT “B” 10/10/2018 Superior Court of California - County of Orange 1ST PAPER <=$10K, 209 - ADVANCED JURY FEE (NON- a 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 7 pages 06/19/2018 | | 10 E-FILING TRANSACTION 1510806 RECEIVED ON 06/19/2018 06/21/2018 NV l 08:55:52 AM. 9 PROOFOF SERVICE OF SUMMONS FILED BY ESURANCE PROPERTY 04/04/2018 2 pages i &CASUALTY INSURANCE COMPANY ON 04/04/2018 | 8 E-FILING TRANSACTION 2657298 RECEIVED ON 04/04/2018 04/04/2018 NV 03:13:01 PM. OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 12315974 AND RECEIPT NUMBER v ama mA | 7 PAYMENT RECEIVED BY LEGALCONNECT FOR 170 - COMPLAINT OR 03/16/2018 1 pages 0 Ls | © Participants El . 2 Hearings WW Cart ©2014 Superior Court of Orange County Locations Telephone Numbers Employment Sitemap RSS Privacy Policy Webmaster https://ocapps.occourts.org/civiwebShoppingNS/ShowCase.do?index=0&number=30-2018-00979784-CL-PA-CJC&tab=0#caseAnchor 3/3 EXHIBIT “C” O o 0 9 O A n h W N N O R N N N 4 a h o e 0 0 EE 38 8 2 0 6 5 0 5 E E E B MICHAEL D. SCHOECK (SBN 277945) LAW OFFICES OF HARTSUYKER, STRATMAN & WILL TA* 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, California 91361 Telephone: (818) 540-4410 Facsimile: (818) 540-4445 Our File No.: 3006248497 > AAQ ARNEL Se rr Cour t of Cl o Co ut or ng (k of he Supe rior Cu Bye Cor k D y Ci ELEC TRON ICAL LYF LE D W / L a m : 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, Vv. 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 of the judgmentis attached hereto as Exhibit A. -7 Dated: July < ,2018 LAW OFFICES OF LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO = a BY: i_--sang Michael D.86hoéck, Attorney for Plaintiff 1 NOTICE OF ENTRY OF JUDGMENT JUD~100 FOI GOURTUSEONLY ATTORNEYOFI PARTY WITHOUTAYTQRNEY (Nema, slate bar number, andaddress)Michael D, Schoeock SBN: 277945 Harlsuyker, Stratiman & Willlams-Abrego 4607 Lakeview Canyon Rd,, #275, Westlake Village, CA 91361 TelRPHONENO:(818) 540-4415 FAX NO (OptomJ:(818) 540-4445 SUPER!0 E MAIL ADDRESS (Opdonsp' Zulma.fovar@farmsisinsurance.com oneus RTOF CALIFOR ATTONNLYFOR (Nama):Primers Insuiance Bxchauge | cafeoFORANGE NA SUPERIOR COURTCrono, COUNTY URORMELECTROICALLYRECEIVED CE CENTER sMEATADPIESS'700 Clvio Center Drive West MAING AQDHESSI700 Clyle Center Dilve West Satinty of rage JUN 29 2018 06/3/2018 x 01 51 40 PIMGryAND ZIP CO0E1Santa Ana, 92701 Ph o ORVIG ry yap orciNakeCentral Justice Contor By Sonya WilkenDepilyOlek ASAKI, Clerk ofthe Court PLAINTIFF: Farmers Insurance Bxcliango Bly: DEFENDANT:Daniel Florin Clova,&¥at --DEPUTY JUDGMENT CASE NUMBER, CJ Byclertk [XJ ByDafeult C1 Aftor Court Trial 10-2017-00910340-CL-PA-CIC [XJ Bycourt [1] onsStipuiation [_] Defendant Did Not Appear at Trial JUDGMENT 1, XJ BY DEFAULT 2, [7] a [7] a. Dslondant was properly sorved with a copy of lhe summons and complaint. b. Delendant falled to answer tho conplalnt or appear und dafand the uction within the time allowed by law. co. Delendunl's default was enterad by the alerk upon plalntii's applioation, d. [[] Clurk's Judgmant (Codo Civ. Prao., § 686(a)). Dofendantwas sued only on & contratorJudgment of a counof thia stato for the racoveary of money. 8. [X] Courl Judgment (Gode Clv. Proo,, § 685(b)), The court gonsidared (1) [C1 plalntili's tosltmony and other evidence, (2) [X] plaintiff's wrilten declaration (Code Clv. Proo,, § 685(d)). ON STIPULATION a, Plalntllt and dofondant agreed (slipulated) lhat a Judgmenl bo entered In this case, The court approved the stipulated Judgment and b, [] the elgned wrlllen stipulation waa filed In the case. o. [] Ihe slipuiation was stalad In opon court [| tha alpulation was stated on the tacord. AFTER COURT TRIAL. Tho Jury was walved. The court consldored tho ovidento. a. ‘The cass was trad on (dale and lime): before (nama ofJudlcla] officer); bh. Appearances by: [J Flanlllf {name each): {1 Plantiits allornay (name each): {1} (1) (2) @ [J Continued on Atachmant 8b, [J Dofendant’s attorney (namo oaah): {1 @ [ZZ] pofondant (name anch): (1) (2) [] Gonlinued on Altechmont 8b, a. [7] Defendant did not appear at tral, Defendant was properly servad with notleaof tral. rs aigvad (of Opliotal Lise2] Caunclol Galloentawo 100 [Row Juavary 1,2047)d. [7] Astatement of declston (Coda CN, Proo,, §632) [_Jwasnat [J was roguoaled. Pagetol2JUDGMENT Onda al OM Procathie, §595, 8040WerlawDeckParm BuXder N o © N N A A w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 ofthe United States, over the age of eighteen years and not a party to the within entitled action. I am employed at the Law Offices of Hartsuyker, 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 OF ENTRY 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 under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July og, 2018, at Westlake Village, California. PROOF OF SERVICE - - - - - - - - - - ee g r e a n + me 7 a m - - A e e - - - - - - PLAINTIFF:Faimers Insuisnce Exchange GABENUMBER 30-2017-00210340-CL-PA-CIC DEFENDANT:Daniel Florin Cloia, ot al. [ZX] tHeEcourt [| THE CLERKJUDGMENT I8 ENTERED AS FOLLOWS BY: 4, [C1 stipulated Judgmont. Judgmont Is entarod according ta tha stipulation of the parilosa. 5, Parifss. Judgment ls 8 [X1 for plalnUif (name each): Fauners Insurance Exchange, 8 ©. [__] lor cross-complainant (name each): California Interinsuranco Bxchange and against defendant (names): Danlel Florin Clora and against oross-defendant (name each); [1 Gonlinuad on Attachment ba, [7] Continued on Atashmont&o, b, [1 for defendant (name oach): d. [7 for cross-defendant (name eaah): 8. Amount. a. Defendant namad In llem 6a abovo must ¢, [1 Cross-dofendunt named In fiem tic above must pay pay plaintilf on the complalat; cross-complalnant an the croas-complalnt: 1 Damages $ 11,030.45 (1) [J Damages $ (2 [X] Prejudgmant $ 877.90 (2) [J Prejudgmsnt $ Interost at the Interest at the annualrateof 7% annual rate of % (8) [1 Atornoy laos $ (8 [1 Attornayfees $ (4) [J Costs $ 4) [] Cosls § (6) [_1 Othar (spooly): $ (8) [J] othor (spectly): $ (6) TOTAL $ 11,908.35 (8) TOTAL $ b. [J Plaintitf to tecelve nothing from defendant d. |] Crong-complalnant ta recelve nathlig from named In Item 6b, oross-defandant named In tem 6d. [1 Defendant named In tem 8b lo recovor [1 Croag-dafendant nhamad In llstn &d to recover gogls $ cosls [1 and attorneyfg {1 and allomoeyfaes § 7. [1 Othor (speclty): m8 A pate: JUN 1 0 -- - WDSRAC OFFIGER \_ Bilis Judge Corey S. cami,__- - - CLERK'S CERTIFICATE (Opllonal) | cerllfy thatthis Is a Lruo copy of tho original Judgmnnt on filo In the court. Em Dale: Clerk, by , Dapuly Page Rol 2 ~~ TeoasiaET JUDGMENT 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 o © 9 O O U n B R A W N N O R D O N N N N N N =m om m m © 2 Od UL BA V N =~ SS © ® 9 o r » 0 D B 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: 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 tforqia, declare under penalty of perjury that the above is true and correct. 2 a Amilh Safabian& 13 NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT K:A\FINANCIAL INDEMNITY\ACTIVE FILES\S-PROPERTY DAMAGE\Esurance v Ciora D017360CA16 FIN.0339\Pleadings\MOTION TO SET ASIDE DEFAULT_10-10-18.doc