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
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Case Number:
*******4823
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Filing Date:
06/09/2020
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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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
7/23/2020: Answer - Answer
6/16/2020: Proof of Personal Service - Proof of Personal Service
6/9/2020: Summons - Summons on Complaint
6/9/2020: Complaint - Complaint
6/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
6/9/2020: First Amended Standing Order - First Amended Standing Order
6/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Docket Entries
- 06/13/2023
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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
- 12/07/2021
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Hearing12/07/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 07/23/2020
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DocketAnswer; Filed by: SUPERIOR KAR COMPANY, INC. (Defendant)
- 06/16/2020
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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
- 06/09/2020
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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
- 06/09/2020
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DocketNon-Jury Trial scheduled for 12/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26
- 06/09/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
- 06/09/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 06/09/2020
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DocketCivil Case Cover Sheet; Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)
- 06/09/2020
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DocketSummons on Complaint; Issued and Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)
- 06/09/2020
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DocketComplaint; Filed by: CARFAX, INC. (Plaintiff); As to: SUPERIOR KAR COMPANY, INC. (Defendant); GARY BEMIS (Non-Party)
- 06/09/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
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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