This case was last updated from Los Angeles County Superior Courts on 12/20/2020 at 10:08:27 (UTC).

CARFAX, INC. VS SUPERIOR KAR COMPANY, INC.

Case Summary

On 06/09/2020 CARFAX, INC filed a Contract - Other Contract lawsuit against SUPERIOR KAR COMPANY, INC. 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 Documents Dockets

 

Case Details

  • Case Number:

    *******4823

  • Filing Date:

    06/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

CARFAX INC.

Defendant

SUPERIOR KAR COMPANY INC.

Not Classified By Court

BEMIS GARY

Attorney/Law Firm Details

Plaintiff Attorney

BEMIS GARY

Defendant Attorney

OLANO MIGUEL ANGEL

 

Court Documents

Answer - Answer

7/23/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

6/16/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

6/9/2020: Summons - Summons on Complaint

Complaint - Complaint

6/9/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/9/2020: First Amended Standing Order - First Amended Standing Order

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

6/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/13/2023
  • Hearing06/13/2023 at 08:30 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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  • 12/07/2021
  • Hearing12/07/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/23/2020
  • DocketAnswer; Filed by: SUPERIOR KAR COMPANY, INC. (Defendant)

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  • 06/16/2020
  • DocketProof of Personal Service; Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); Service Date: 06/16/2020; Service Cost: 63.50; Service Cost Waived: No

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  • 06/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/13/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/09/2020
  • DocketNon-Jury Trial scheduled for 12/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/09/2020
  • DocketCivil Case Cover Sheet; Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)

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  • 06/09/2020
  • DocketSummons on Complaint; Issued and Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)

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  • 06/09/2020
  • DocketComplaint; Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)

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  • 06/09/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04823    Hearing Date: March 03, 2021    Dept: 26

Carfax, Inc. v. Superior Kar Company, Inc., et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Carfax, Inc.’s Motion to Deem Requests for Admission Admitted Against Defendant Superior Kar Company, Inc. is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $410.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Carfax, Inc. (“Plaintiff”) filed the instant action for breach of contract against Defendant Superior Kar Company, Inc. (“Defendant”) on June 9, 2020. On October 13, 2020, Plaintiff served Requests for Admissions on Defendant. (Motion, Carter Decl., Exh. 1.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶¶8-9.) Plaintiff filed the instant Motion to Compel Responses to Requests for Admission and Request for Sanctions on January 19, 2021. To date, no opposition has been filed.

Defendant has not served verified responses to the discovery propounded on October 13, 2020 as of the filing of the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $410.00, based on an hour of attorney time billed at $350.00 per hour, plus the $60.00 filing fee. (Motion, Carter Decl., ¶¶12-13.)

Based on the foregoing, Plaintiff Carfax, Inc.’s Motion to Deem Requests for Admission Admitted Against Defendant Superior Kar Company, Inc. is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $410.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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