This case was last updated from Los Angeles County Superior Courts on 01/04/2020 at 00:58:22 (UTC).

ALLSTATE NORTHBROOK INDEMNITY COMPANY VS BOUNTY CO., LLC

Case Summary

On 07/05/2018 ALLSTATE NORTHBROOK INDEMNITY COMPANY filed a Personal Injury - Motor Vehicle lawsuit against BOUNTY CO , LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8646

  • Filing Date:

    07/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ALLSTATE NORTHBROOK INDEMNITY COMPANY

Defendant

BOUNTY CO. LLC DBA EXXEL AUTO INC.

Attorney/Law Firm Details

Plaintiff Attorney

TUCKER VERNON C.

Defendant Attorney

SHOMLOO FARSHEED

 

Court Documents

Notice (name extension) - Notice OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANTS TO ANSWER DEMAND FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DEC

11/21/2019: Notice (name extension) - Notice OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANTS TO ANSWER DEMAND FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DEC

Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE THE TRIAL; MEMORA...)

12/5/2019: Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE THE TRIAL; MEMORA...)

Ex Parte Application (name extension) - Ex Parte Application PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE THE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY C. MACHEN IN SUPPORT THE

12/5/2019: Ex Parte Application (name extension) - Ex Parte Application PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE THE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY C. MACHEN IN SUPPORT THE

Notice of Ruling - Notice of Ruling

12/9/2019: Notice of Ruling - Notice of Ruling

Answer

8/14/2018: Answer

Proof of Personal Service

8/3/2018: Proof of Personal Service

Summons - on Complaint

7/5/2018: Summons - on Complaint

Civil Case Cover Sheet

7/5/2018: Civil Case Cover Sheet

Complaint

7/5/2018: Complaint

Notice of Case Assignment - Limited Civil Case

7/5/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 07/08/2021
  • Hearing07/08/2021 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/11/2020
  • Hearing05/11/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/13/2020
  • Hearing02/13/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 12/09/2019
  • DocketNon-Jury Trial scheduled for 05/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/09/2019
  • DocketNotice of Ruling; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)

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  • 12/09/2019
  • DocketPursuant to the request of moving party, Non-Jury Trial scheduled for 01/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 05/11/2020 08:30 AM

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  • 12/05/2019
  • DocketEx Parte Application PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE THE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY C. MACHEN IN SUPPORT THEREOF;AND[PROPOSED]ORDER; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Bounty Co., LLC (Defendant)

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  • 12/05/2019
  • DocketMinute Order (Hearing on Ex Parte Application TO CONTINUE THE TRIAL; MEMORA...)

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  • 12/05/2019
  • DocketHearing on Ex Parte Application TO CONTINUE THE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY C. MACHEN IN SUPPORT THEREOF;AND[PROPOSED]ORDER scheduled for 12/05/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/05/2019; Result Type to Held

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  • 12/03/2019
  • DocketHearing on Ex Parte Application TO CONTINUE THE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY C. MACHEN IN SUPPORT THEREOF;AND[PROPOSED]ORDER scheduled for 12/05/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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3 More Docket Entries
  • 11/21/2019
  • DocketNotice OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANTS TO ANSWER DEMAND FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF BETTY C. MACHEN IN SUPPORT THEREOF; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Bounty Co., LLC (Defendant)

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  • 08/14/2018
  • DocketAnswer; Filed by: Bounty Co., LLC (Defendant)

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  • 08/03/2018
  • DocketProof of Personal Service; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Bounty Co., LLC (Defendant); Service Date: 07/19/2018; Service Cost: 49.00; Service Cost Waived: No

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  • 07/06/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/06/2018
  • DocketNon-Jury Trial scheduled for 01/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/06/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/05/2018
  • DocketComplaint; Filed by: Allstate Northbrook Indemnity Company (Plaintiff); As to: Bounty Co., LLC (Defendant)

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  • 07/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Allstate Northbrook Indemnity Company (Plaintiff)

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  • 07/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC08646    Hearing Date: February 13, 2020    Dept: 26

Allstate Northbrook Indemnity Co. v. Bounty, Co., LLC dba Exxel Auto, Inc., et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

AND REQUEST FOR SANCTIONS

(CCP § 2031.300)

TENTATIVE RULING:

Plaintiff Allstate Northbrook Indemnity Company’s Motion to Compel Responses to Requests for Production and Request for Sanctions IS GRANTED. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Allstate Northbrook Indemnity Company (“Plaintiff”) propounded Requests for Production, Set One on Defendant Bounty, Co., LLC dba Exxel Auto, Inc. (“Defendant”) on December 12, 2018. (Motion, Machen Decl., ¶3 and Exh. A.) Despite numerous extensions of the time to respond, Defendant has not served responses to date. (Id. at ¶¶4-15.) On November 21, 2019, Plaintiff filed the instant Motion to Compel Responses to the Request for Production by Defendant and Request for Sanctions (“the Motion”). To date, no opposition has been filed.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) In light of Defendant’s failure to provide responses, Plaintiff is entitled to an order that Defendant serve verified responses, without objection, to the Requests for Production.

The Court also finds Defendant’s failure to timely respond a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030, and have been properly noticed. However, the amount sought is excessive given the simplicity of this motion. The request for sanctions is granted jointly and severally against Defendant and its counsel of record in the amount of $310.00 based on one hour of attorney time billed at $250.00 and the $60.00 filing fee. (Motion, Machen Decl., ¶17.)

Therefore, Plaintiff Allstate Northbrook Indemnity Company’s Motion To Compel Responses To Requests For Production and Request For Sanctions is GRANTED. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT BOUNTY, CO., LLC DBA EXXEL AUTO, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $310.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.