This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 05:57:52 (UTC).

ALEJANDRA TORRES VS STATE FARM MUTUAL INSURANCE COMPANIES

Case Summary

On 02/19/2019 ALEJANDRA TORRES filed a Personal Injury - Uninsured Motor Vehicle lawsuit against STATE FARM MUTUAL INSURANCE COMPANIES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1776

  • Filing Date:

    02/19/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

TORRES ALEJANDRA

Respondent

STATE FARM MUTUAL INSURANCE COMPANIES

Attorney/Law Firm Details

Petitioner Attorney

BRAHMAN NINA POUNEH

 

Court Documents

Notice of Ruling - Notice of Ruling

9/22/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration of Attorney RE: Motion for order compelling State Farm to produce documents

9/16/2020: Declaration (name extension) - Declaration of Attorney RE: Motion for order compelling State Farm to produce documents

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

9/21/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

2/27/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Motion for Order

4/8/2020: Notice (name extension) - Notice of Continuance of Hearing on Motion for Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Change of Date

5/21/2020: Notice (name extension) - Notice of Change of Date

Notice (name extension) - Notice 2nd contniuance of Motion to Compel hearing

6/1/2020: Notice (name extension) - Notice 2nd contniuance of Motion to Compel hearing

Opposition (name extension) - Opposition STATE FARM'S OPPOSITION TO CLAIMANT'S REQUEST TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

6/23/2020: Opposition (name extension) - Opposition STATE FARM'S OPPOSITION TO CLAIMANT'S REQUEST TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

Response (name extension) - Response To Claimant's Reply To Opposition to Claimant's Request to Compel Further Responses to Request for Production of Documents; Memorandum of Points and Authorities; D

6/30/2020: Response (name extension) - Response To Claimant's Reply To Opposition to Claimant's Request to Compel Further Responses to Request for Production of Documents; Memorandum of Points and Authorities; D

Notice of Ruling - Notice of Ruling

4/16/2019: Notice of Ruling - Notice of Ruling

Reply (name extension) - Reply TO RESPONDENT STATE FARM'S OPPOSITION TO MOTION TO QUASH STATE FARM'S DEPOSITION SUBPOENA

4/3/2019: Reply (name extension) - Reply TO RESPONDENT STATE FARM'S OPPOSITION TO MOTION TO QUASH STATE FARM'S DEPOSITION SUBPOENA

Separate Statement - Separate Statement

4/3/2019: Separate Statement - Separate Statement

Minute Order - Minute Order (Hearing on Motion - Other Quash Deposition Subpoenas)

4/10/2019: Minute Order - Minute Order (Hearing on Motion - Other Quash Deposition Subpoenas)

Petition (name extension) - Petition Petition for commencement of discovery matters in an uninsured/underinsured motorist arbitration

2/19/2019: Petition (name extension) - Petition Petition for commencement of discovery matters in an uninsured/underinsured motorist arbitration

Motion to Quash - Motion to Quash

2/22/2019: Motion to Quash - Motion to Quash

16 More Documents Available

 

Docket Entries

  • 02/22/2022
  • Hearing02/22/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 09/22/2020
  • DocketNotice of Ruling; Filed by: Alejandra Torres (Petitioner)

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  • 09/21/2020
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses)

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  • 09/21/2020
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 09/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/21/2020; Result Type to Held

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  • 09/16/2020
  • DocketDeclaration of Attorney RE: Motion for order compelling State Farm to produce documents; Filed by: Alejandra Torres (Petitioner)

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  • 09/08/2020
  • DocketResponse State Farm's Response to the Court's Ruling of July 7, 2020; Filed by: State Farm Mutual Insurance Companies (Respondent)

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  • 08/14/2020
  • DocketNon-Jury Trial scheduled for 08/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/14/2020

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  • 07/10/2020
  • DocketNotice of Ruling; Filed by: Alejandra Torres (Petitioner)

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  • 07/07/2020
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 09/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses)

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21 More Docket Entries
  • 03/27/2019
  • DocketOpposition TO MOTION TO QUASH RESPONDENT STATE FARM'S DEPOSITION SUBPOENAS FOR PRODUCTION OF CLAIMANT'S MEDICAL RECORDS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MARIA A. GROVER AND LISA PANIAGUA; Filed by: State Farm Mutual Insurance Companies (Respondent)

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  • 02/22/2019
  • DocketMotion to Quash; Filed by: Alejandra Torres (Petitioner)

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  • 02/22/2019
  • DocketOrder On Claimant's Motion to Quash Respondent's Deposition Subpoenas fro Production of Medical Records and Request for Sanctions; Filed by: Alejandra Torres (Petitioner); As to: State Farm Mutual Insurance Companies (Respondent)

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  • 02/22/2019
  • DocketHearing on Motion - Other Quash Deposition Subpoenas scheduled for 04/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketNon-Jury Trial scheduled for 08/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/19/2019
  • DocketPetition Petition for commencement of discovery matters in an uninsured/underinsured motorist arbitration; Filed by: Alejandra Torres (Petitioner); As to: State Farm Mutual Insurance Companies (Respondent)

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  • 02/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Alejandra Torres (Petitioner); As to: State Farm Mutual Insurance Companies (Respondent)

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  • 02/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01776    Hearing Date: September 21, 2020    Dept: 25

HEARING DATE: Mon., September 21, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Torres v. State Farm Mutual Insurance Companies

CASE NUMBER: 19STLC01776 COMP. FILED: NONE

NOTICE: OK DISC. C/O: NONE

MOTION C/O: NONE

TRIAL DATE: NONE

PROCEEDINGS: MOTION FOR ORDER COMPELLING RESPONDENT TO PRODUCE DOCUMENTS AND/OR PROVIDE FURTHER RESPONSES TO CLAIMANT’S REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS

MOVING PARTY: Petitioner Alejandra Torres

RESP. PARTY: Respondent State Farm Mutual Automobile Insurance Company

MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP § 2031.310)

TENTATIVE RULING:

Petitioner Alejandra Torres’ Motion to Compel Further Production is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on June 23, 2020 [ ] Late [ ] None

REPLY: Filed on June 25, 2020 [ ] Late [ ] None

ANALYSIS:

  1. Background

On February 19, 2019, Petitioner Alejandra Torres (“Petitioner”) filed a Petition for Commencement of Discovery Matters in an Uninsured/Underinsured Motorist Arbitration against State Farm Mutual Automobile Insurance Company, erroneously sued as State Farm Mutual Insurance Companies (“Respondent”).

On February 22, 2019, Petitioner filed a Motion to Quash Respondent’s Deposition Subpoena for Production of Claimant’s Medical Records. The Court took that motion off calendar on April 10, 2019, finding that, because the matter was in arbitration, the discovery dispute should have first been submitted to the arbitrator. (4/10/19 Minute Order.)

On February 27, 2020, Petitioner filed the instant Motion for Order Compelling Respondent to Produce Documents and/or Provide Further Responses to Claimant’s Request for Production of Documents, Set One, and Request for Monetary Sanctions (the “Motion”). On June 23, 2020, Respondent filed an Opposition and on June 25, 2020, Petitioner filed a Reply. On June 30, 2020, Respondent filed a Response to the Reply.

At the initial hearing on July 7, 2020, the Court noted that it was unclear whether the Updated Privilege Log Respondent submitted with its Opposition was complete because at least one document included in Respondent’s initial Privilege Log was not included in its Updated Privilege Log. (7/7/20 Minute Order.) The Court also noted Petitioner’s argument that, contrary to Respondent’s argument, no new documents were produced. (Id.) Accordingly, the Court ordered Respondent to file and serve a revised privilege log identifying each document still being withheld and any applicable privilege. (Id.)

On September 8, 2020, Respondent filed a Response to the Court’s July 7th Ruling. Petitioner has not filed any additional papers with the Court.

  1. Legal Standard

Full discovery rights apply in arbitration proceedings of uninsured or underinsured coverage claims between insurers and their insured. (Ins. Code, § 11580, subd. (f).) Discovery motions of uninsured or underinsured claims are heard by the superior court, not by the arbitrator. (Miranda v. 21st Century Insurance Co. (2004) 117 Cal.4th 913, 926.)

Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a response to demand for inspection . . ., the demanding party may move for an order compelling further response if the demanding party deems that (1) [a] statement of compliance with the demand is incomplete; (2) [a] representation of inability to comply is inadequate, incomplete, or evasive; [or] (3) [a]n objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).)

Notice of the motion must be given within 45 days of service of the verified response, otherwise the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2031.310, subd. (c).) The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).)

Finally, California Rules of Court, rule 3.1345 requires that all motions involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)). However, “[i]n lieu of a separate statement required by the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.” (Code Civ. Proc., § 2031.310, subd. (b)(3).)

  1. Discussion

In its supplemental papers, Respondent’s counsel explains she made an error in the initial privilege log. (9/8/20 Supp. Brief, p. 2:9-25.) Specifically, she explains that the document, described as “Letter from Alliance United re: State Farm Subrogation Demand,” was accidentally listed on the initial Privilege Log provided to Petitioner, which explains why it was not listed in the Updated Privilege Log. (Id., Grover Decl., ¶ 2.) She also explains that 200 pages of documents were mailed to Petitioner via UPS and provides a drop-off receipt and copy of an online confirmation demonstrating the package was delivered to Petitioner’s counsel’s office on June 24, 2020. (Id. at ¶ 3, Exh. 1.)

Petitioner has not submitted any additional papers arguing the 200 pages of documents Respondent produced on June 24, 2020 are insufficient. As it appears that Respondent’s June 24th production has resolved the parties’ issues, this Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Alejandra Torres’ Motion to Compel Further Production is PLACED OFF CALENDAR.

Moving party is ordered to give notice.