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

(Spring Street Courthouse: Dept. 25) September 1, 2026 DEPARTMENT 25 LAW AND MOTION RULINGS *** The Judicial Officer Presiding in Department 25 is JUDGE JONATHAN H. EISENMAN *** Tentative Rulings are posted before the hearing.

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September 1, 2026 JUDGE /DEPT: Eisenman/25 CASE NAME: Interinsurance Exchange of the Automobile Club v. Menendez, et al. COMP. FILED: 07-11-24 CASE NUMBER: 24STLC04952 NOTICE: OK PROCEEDINGS: MOTION TO VACATE DISMISSAL AS TO DEFENDANT SARAH MENENDEZ ONLY [CCP Sec. 473(d)] MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club RESP. PARTY: None MOTION TO VACATE DISMISSAL (Code Civ. Proc., Sec. 473(d)) TENTATIVE RULING: The Court DENIES Interinsurance Exchange of the Automobile Club's motion to vacate the dismissal entered against Sarah Menendez. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None

filed as of August 29, 2026 [] Late [X] None REPLY: None filed as of August 29, 2026 [] Late [X] None

ANALYSIS: Interinsurance Exchange of the Automobile Club filed this subrogation action against Sarah Menendez and Julie Aldana. It obtained a default against Aldana only, which it then agreed to set aside before dismissing the "[e]ntire action of all parties and all causes of action." Citing Code of Civil Procedure section 473, subdivision (d), Interinsurance now moves to vacate the dismissal as to Menendez only.

Code of Civil Procedure section 473, subdivision (d) allows the Court to correct its own clerical mistakes. The collision that was the genesis of this case happened almost four years ago. Menendez was served over two years ago. Dismissing the wrong party nearly a year ago was Interinsurance's mistake, not the Court's. (Romadka v. Hoge (1991) 232 Cal.App.3d 1231, 1235, fn. 2.)

The Court will not revive this action against Menendez now. The Court DENIES Interinsurance's motion. | Home -->)" -->