Old Republic Gen. Ins. v. Alamillo Rebar CA2/7

INTRODUCTION

Old Republic General Insurance Corporation obtained a default judgment against four related entities: Alamillo Rebar, Inc., Southwest Transportations Systems, Inc. (Southwest), 325 West Channel Rd., LLC, and 361 West Channel Rd., LLC (collectively, the Alamillo Entities). The Alamillo Entities moved to vacate the default judgment and set aside the entries of default under Code of Civil Procedure section 473, subdivision (b),1 arguing the court entered the defaults as a result of their mistake or excusable neglect. The trial court denied the motion, ruling that it was untimely and that the entities did not show mistake or excusable neglect. The Alamillo Entities appeal. Because both of the court’s rulings were correct, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Old Republic Obtains a Default Judgment Against the Alamillo Entities Old Republic filed this action against the Alamillo Entities, alleging they were alter egos of each other and operated as part of a single business. Old Republic alleged it entered into an agreement to provide Alamillo Rebar with automobile liability, workers’ compensation, and employers’ liability insurance. Old Republic alleged…