This case was last updated from Los Angeles County Superior Courts on 10/06/2021 at 04:07:30 (UTC).

ATLANTIC SPECIALTY INSURANCE COMPANY VS FELIPE EDUARDO PEREZ, ET AL.

Case Summary

On 03/29/2019 ATLANTIC SPECIALTY INSURANCE COMPANY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against FELIPE EDUARDO PEREZ. 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:

    *******3120

  • Filing Date:

    03/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ATLANTIC SPECIALTY INSURANCE COMPANY

Defendants

PEREZ FELIPE EDUARDO

PEREZ FELIPE LEAL

Palmdale, CA 93552

Attorney/Law Firm Details

Plaintiff Attorneys

GABA JR. RUDY

MENDELSON LEE M.

HAINES TODD

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/9/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

4/1/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

5/6/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice of Ruling - Notice of Ruling

5/17/2021: Notice of Ruling - Notice of Ruling

Order (name extension) - Order [PROPOSED] ORDER

5/28/2021: Order (name extension) - Order [PROPOSED] ORDER

Minute Order - Minute Order (Non-Jury Trial)

6/10/2021: Minute Order - Minute Order (Non-Jury Trial)

Substitution of Attorney - Substitution of Attorney

8/13/2020: Substitution of Attorney - Substitution of Attorney

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

9/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Substitution of Attorney - Substitution of Attorney

5/27/2020: Substitution of Attorney - Substitution of Attorney

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

6/19/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/13/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

4/26/2019: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

4/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

3/29/2019: Summons - Summons on Complaint

Complaint - Complaint

3/29/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 12/01/2021
  • Hearing12/01/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 09/10/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 12/01/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/10/2021
  • DocketPursuant to the request of plaintiff, Order to Show Cause Re: Dismissal (Settlement) scheduled for 09/09/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/01/2021 09:30 AM

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  • 09/09/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 06/10/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/09/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 06/10/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 06/10/2021
  • DocketNon-Jury Trial scheduled for 06/10/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/10/2021; Result Type to Held

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  • 05/28/2021
  • DocketOrder [PROPOSED] ORDER; Signed and Filed by: Atlantic Specialty Insurance Company (Plaintiff); As to: Felipe Leal Perez (Defendant)

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  • 05/26/2021
  • DocketUpdated -- Order [PROPOSED] ORDER: Filed By: Atlantic Specialty Insurance Company (Plaintiff); Result: Granted; Result Date: 05/26/2021

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  • 05/17/2021
  • DocketNotice of Ruling; Filed by: Atlantic Specialty Insurance Company (Plaintiff)

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14 More Docket Entries
  • 04/26/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk

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  • 04/26/2019
  • DocketAnswer; Filed by: Felipe Leal Perez (Defendant)

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  • 04/26/2019
  • DocketRequest to Waive Court Fees; Filed by: Felipe Leal Perez (Defendant)

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  • 03/29/2019
  • DocketNon-Jury Trial scheduled for 09/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/29/2019
  • DocketComplaint; Filed by: Atlantic Specialty Insurance Company (Plaintiff); As to: Felipe Eduardo Perez (Defendant); Felipe Leal Perez (Defendant)

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  • 03/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Atlantic Specialty Insurance Company (Plaintiff); As to: Felipe Eduardo Perez (Defendant); Felipe Leal Perez (Defendant)

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  • 03/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Atlantic Specialty Insurance Company (Plaintiff); As to: Felipe Eduardo Perez (Defendant); Felipe Leal Perez (Defendant)

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  • 03/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03120    Hearing Date: May 6, 2021    Dept: 25

PROCEEDINGS: MOTION TO DEEM ADMITTED THE FIRST SET OF REQUEST FOR ADMISSIONS SERVED ON DEFENDANT LEAL AND REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff Atlantic Specialty Insurance Company

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Atlantic Specialty Insurance Company’s Motion to Deem Admitted the First Set of Request for Admissions Served on Defendant Felipe Leal Perez is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $377.50 to be paid to Plaintiff’s counsel within thirty (30) days of notice of this order.

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: None filed as of May 3, 2021 [ ] Late [X] None

REPLY: None filed as of May 3, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On March 29, 2019, Plaintiff Atlantic Specialty Insurance Company (“Plaintiff”) filed an action against Felipe Eduardo Perez (“Eduardo”) and Felipe Leal Perez (“Leal”) (collectively, “Defendants”). Defendant Leal filed an Answer, in pro per, on April 26, 2019. Following Defendant Eduardo’s failure to respond, default was entered against him on June 19, 2019.

Plaintiff filed the instant Motion to Deem Admitted the First Set of Requests for Admission and Request for Sanctions (the “Motion”) on April 1, 2021. No opposition was filed.

II. Legal Standard & Discussion

A. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff’s counsel served Defendant Leal with Request for Admissions, Set One, on December 24, 2020 via regular mail. (Mot., Tapper Decl., ¶ 2, Exh. A.) Although not statutorily required, Plaintiff’s counsel sent Defendant Leal a letter regarding the overdue responses. (Id. at ¶ 3, Exh. B.) To date, Defendant Leal has not responded to the discovery. (Id.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant Leal. (Code Civ. Proc., § 2033.280.)

B. Request for Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendant Leal’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction on Defendant Leal for his failure to respond to the Requests for Admission under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff requests sanctions of $1,165.00 based on 3 hours of attorney time billed at $225.00 per hour and one filing fee of $40.00. (Mot., Tapper Decl., ¶ 4.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $377.50, based on 1.5 hours of attorney time and one filing fee, to be reasonable.

III. Conclusion & Order

For the foregoing reasons, Plaintiff Atlantic Specialty Insurance Company’s Motion to Deem Admitted the First Set of Request for Admissions Served on Defendant Felipe Leal Perez is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $377.50 to be paid to Plaintiff’s counsel within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

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