This case was last updated from Los Angeles County Superior Courts on 02/07/2021 at 01:31:14 (UTC).

ANCHOR GENERAL INSURANCE CO. VS JOSE ANTONIO MENDOZA LUNA

Case Summary

On 08/09/2019 ANCHOR GENERAL INSURANCE CO filed a Personal Injury - Motor Vehicle lawsuit against JOSE ANTONIO MENDOZA LUNA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******7387

  • Filing Date:

    08/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ANCHOR GENERAL INSURANCE CO.

Defendant

MENDOZA LUNA JOSE ANTONIO

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 08/12/2022
  • Hearing08/12/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/27/2021
  • Hearing10/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/03/2021
  • DocketNon-Jury Trial scheduled for 10/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/03/2021
  • DocketMinute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL)

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  • 02/03/2021
  • DocketHearing on Ex Parte Application TO CONTINUE TRIAL scheduled for 02/03/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 02/03/2021; Result Type to Held - Motion Granted

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  • 02/03/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 02/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Party's Motion was rescheduled to 10/27/2021 08:30 AM

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  • 02/01/2021
  • DocketEx Parte Application TO CONTINUE TRIAL; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 02/01/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 02/01/2021
  • DocketDeclaration in Support of Ex Parte Application; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff)

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  • 02/01/2021
  • DocketHearing on Ex Parte Application TO CONTINUE TRIAL scheduled for 02/03/2021 at 01:30 PM in Spring Street Courthouse at Department 26

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31 More Docket Entries
  • 11/19/2019
  • DocketAffidavit AITFIDAVIT OF MERIT; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff)

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  • 08/12/2019
  • DocketNon-Jury Trial scheduled for 02/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/12/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/12/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/12/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/09/2019
  • DocketComplaint; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 08/09/2019
  • DocketCivil Case Cover Sheet; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 08/09/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 08/09/2019
  • DocketSummons on Complaint; Issued and Filed by: ANCHOR GENERAL INSURANCE CO. (Plaintiff); As to: JOSE ANTONIO MENDOZA LUNA (Defendant)

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  • 08/09/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07387    Hearing Date: November 10, 2020    Dept: 26

Anchor General Ins. Co. v. Luna, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED(CCP § 2033.280)

TENTATIVE RULING:

No tentative ruling to issue on Plaintiff Anchor General Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions. Ruling to depend on what happens at the hearing.

ANALYSIS:

On March 18, 2020, Plaintiff Anchor General Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Jose Antonio Mendoza Luna (“Defendant”). (Motion, Reese Decl., Exh. A.) To date, Plaintiff has not received any discovery responses to the requests propounded on Defendant. (Id. at p. 1:26.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions Admitted and for Monetary Sanctions (the “Motion”) on July 1, 2020.

The Motion initially came for hearing on August 10, 2020, at which time the Court’s tentative ruling was to deem the Requests for Admission admitted. However, Defendant appeared in pro se and represented that he had not received the requests for admission. (Minute Order, 8/10/20.) The Court declined to adopt the tentative ruling and instead ordered Plaintiff to re-serve the Requests for Admission within 10 days of the order by overnight mail and ordered Defendant to respond within 35 days. (Ibid.)

To date, no supplemental briefing nor proofs of service have been filed demonstrating that either party complied with the Court’s order. Therefore, no tentative ruling is to issue at this time. The Court’s ruling will depend on what happens at the hearing.

Case Number: 19STLC07387    Hearing Date: August 10, 2020    Dept: 26

Anchor General Ins. Co. v. Luna, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Anchor General Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT JOSE ANTONIO MENDOZA LUNA IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On March 18, 2020, Plaintiff Anchor General Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Jose Antonio Mendoza Luna (“Defendant”). (Motion, Reese Decl., Exh. A.) To date, Plaintiff has not received any discovery responses to the requests propounded on Defendant. (Id. at p. 1:26.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions Admitted and for Monetary Sanctions (the “Motion”) on July 1, 2020. To date, no opposition has been filed.

Plaintiff has demonstrated that Defendant has not provided verified responses to the requests propounded on March 18, 2020, nor filed an opposition to the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses.

The Court further finds the failure to respond a misuse of the discovery process. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive given the straightforward and unopposed nature of the Motion. Based on a lodestar calculation, sanctions are granted against Defendant in the amount of $260.00, based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Id. at pp. 1:27-2:3.)

Based on the foregoing, Plaintiff Anchor General Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT JOSE ANTONIO MENDOZA LUNA IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

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