This case was last updated from Los Angeles County Superior Courts on 10/17/2020 at 02:00:48 (UTC).

GEICO GENERAL INSURANCE COMPANY VS CHARLENE ROSE MADORE

Case Summary

On 01/14/2019 GEICO GENERAL INSURANCE COMPANY filed a Contract - Insurance lawsuit against CHARLENE ROSE MADORE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0459

  • Filing Date:

    01/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

GEICO GENERAL INSURANCE COMPANY

Defendant

MADORE CHARLENE ROSE

Attorney/Law Firm Details

Plaintiff Attorney

PAULUS CHERIE L.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 10/15/2020

10/15/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 10/15/2020

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

10/15/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

7/30/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/15/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel (name extension) - Motion to Compel responsesa to Req. prod. doc.

1/15/2020: Motion to Compel (name extension) - Motion to Compel responsesa to Req. prod. doc.

Minute Order - Minute Order (Court Order Re: Hearing on Motion to Compel Discovery (not "F...)

3/23/2020: Minute Order - Minute Order (Court Order Re: Hearing on Motion to Compel Discovery (not "F...)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Compel Discovery (not "F...) of 03/23/2020

3/23/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Compel Discovery (not "F...) of 03/23/2020

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing) of 04/21/2020

4/21/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearing) of 04/21/2020

Minute Order - Minute Order (Court Order Re: Continuance of Hearing)

4/21/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearing)

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

5/26/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/26/2020

5/26/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/26/2020

Notice of Change of Firm Name - Notice of Change of Firm Name

7/18/2019: Notice of Change of Firm Name - Notice of Change of Firm Name

Proof of Personal Service - Proof of Personal Service

3/14/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

3/20/2019: Answer - Answer

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

3/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED

Complaint - Complaint

1/14/2019: Complaint - Complaint

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

1/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/14/2019: Summons - Summons on Complaint

9 More Documents Available

 

Docket Entries

  • 03/08/2021
  • Hearing03/08/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/15/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 10/15/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 10/15/2020; Filed by: Clerk

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  • 10/15/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") Defendant?s Interrogatory Responses scheduled for 10/15/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/15/2020

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  • 07/30/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") Defendant?s Interrogatory Responses scheduled for 10/15/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 07/30/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 07/30/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") Defendant?s Demand for Production Responses scheduled for 07/30/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/30/2020; Result Type to Held - Motion Granted

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  • 07/30/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") Defendant?s Interrogatory Responses scheduled for 07/30/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/15/2020 11:00 AM

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  • 07/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/18/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/24/2020

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  • 05/26/2020
  • DocketNon-Jury Trial scheduled for 03/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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26 More Docket Entries
  • 03/14/2019
  • DocketProof of Personal Service; Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant); Service Date: 02/16/2019; Service Cost: 105.10; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 01/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/14/2019
  • DocketNon-Jury Trial scheduled for 07/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/14/2019
  • DocketCivil Case Cover Sheet; Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 01/14/2019
  • DocketSummons on Complaint; Issued and Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 01/14/2019
  • DocketComplaint; Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 01/14/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC00459    Hearing Date: October 15, 2020    Dept: 25

HEARING DATE:    Thu., October 15, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Geico General Insurance Company v. Madore

CASE NUMBER: 19STLC00459 COMP. FILED: 01-14-19

NOTICE: NO (con’t hearing) DISC. C/O: 02-06-21

  MOTION C/O: 02-21-21

TRIAL DATE: 03-08-21

PROCEEDINGS    MOTION TO COMPEL DEFENDANT’S INTERROGATORY RESPONSES

MOVING PARTY:   Plaintiff Geico General Insurance Company

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP §§ 2030.290)

TENTATIVE RULING:

Plaintiff Geico General Insurance Company’s Motion to Compel Defendant’s Interrogatory Responses is PLACED OFF CALENDAR.  

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 October 9, 2020 [   ] Late [X] None

REPLY: None filed as of October 9, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On January 14, 2019, Plaintiff Geico General Insurance Company (“Plaintiff”) filed a complaint in subrogation against Defendant Charlene Rose Madore (“Defendant”). On March 20, 2019, Defendant filed an Answer, in pro per.

On January 15, 2020, Plaintiff filed a Motion to Compel Defendant’s Demand for Production Responses (the “Production Motion”) and the instant Motion to Compel Defendant’s Interrogatory Responses (the “Interrogatories Motion”). No opposition briefs were filed.

At the initial July 30, 2020 hearing, the Court granted Plaintiff’s Production Motion. (7/30/20 Minute Order.)  However, the Interrogatories Motion was continued to allow Plaintiff the opportunity to file a copy of the interrogatories purportedly served on Plaintiff. (Id.)

To date, Plaintiff has not filed any supplemental papers as requested. Accordingly, the Interrogatories Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Geico General Insurance Company’s Motion to Compel Defendant’s Interrogatory Responses is PLACED OFF CALENDAR.  

Moving party is ordered to give notice.

Case Number: 19STLC00459    Hearing Date: July 30, 2020    Dept: 25

HEARING DATE: Thu., July 30, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Geico General Insurance Company v. Madore

CASE NUMBER: 19STLC00459 COMP. FILED: 01-14-19

NOTICE: OK DISC. C/O: 02-06-21

MOTION C/O: 02-21-21

TRIAL DATE: 03-08-21

PROCEEDINGS: (1) MOTION TO COMPEL DEFENDANT’S DEMAND FOR PRODUCTION RESPONSES

(2) MOTION TO COMPEL DEFENDANT’S INTERROGATORY RESPONSES

MOVING PARTY: Plaintiff Geico General Insurance Company

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Geico General Insurance Company’s Motion to Compel Defendant’s Demand for Production Responses is GRANTED. Defendant is ordered to provide verified responses without objections within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $100.00 to be paid within thirty (30) days of notice of this order.

However, Plaintiff’s Motion to Compel Defendant’s Interrogatory Responses is CONTINUED TO OCTOBER 15, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the motion being placed off calendar or denied.

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 July 28, 2020 [ ] Late [X] None

REPLY: None filed as of July 28, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 14, 2019, Plaintiff Geico General Insurance Company (“Plaintiff”) filed a complaint in subrogation against Defendant Charlene Rose Madore (“Defendant”). On March 20, 2019, Defendant filed an Answer, in pro per.

On January 15, 2020, Plaintiff filed the instant (1) Motion to Compel Defendant’s Demand for Production Responses (the “Production Motion”), and (2) Motion to Compel Defendant’s Interrogatory Responses (the “Interrogatories Motion”) (collectively, the “Motions”). To date, no oppositions have been filed.

  1. Legal Standard & Discussion

A. Form Interrogatories and Request for Production of Documents

 

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Plaintiff’s evidence demonstrates it served Defendant with a Demand for Production, Set One, on May 2, 2019 by regular mail. (Production Mot., Paulus Decl., ¶ 2, Exhs. A, B.) Defendant also attaches a copy of the Form Interrogatories, Set One, purportedly served on Defendant, but the answering party on the attached exhibit is listed as “Nicole Metzler,” not Defendant. (Interrogatories Mot., Paulus Decl., ¶ 2, Exh. A.) Thus, Plaintiff is ordered to file a copy of the Form Interrogatories served on Defendant with proof of service.

Plaintiff’s evidence also demonstrates that on June 10, 2019, June 18, 2019 and January 14, 2020, Plaintiff’s counsel sent letters to Defendant regarding the lack of responses to the request for production of documents. (Production Mot., Paulus Decl., ¶ 3, Exh. C.) To date, Plaintiff has not received any responses to its discovery request. (Id. at ¶ 4.) Thus, Plaintiff is entitled to an order compelling Defendant to provide verified responses to the Demand for Production, Set One, without objections. (Code Civ. Proc., § 2031.300, subd. (c).)

B. 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).)

The Court finds Defendant’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process.

Plaintiff’s counsel requests $100.00 in sanctions for preparing the Production Motion and appearing at the hearing. (Production Mot., Paulus Decl., ¶ 7.) Although Plaintiff’s counsel does not have an hourly billing rate because she is an in-house attorney, she believes a comparable billing rate would be $100.00 per hour. (Id. at ¶ 8.) The Court finds this request to be reasonable. Defendant is ordered to pay sanctions of $100.00 within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Geico General Insurance Company’s Motion to Compel Defendant’s Demand for Production Responses is GRANTED. Defendant is ordered to provide verified responses without objections within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $100.00 to be paid within thirty (30) days of notice of this order.

However, Plaintiff’s Motion to Compel Defendant’s Interrogatory Responses is CONTINUED TO October 15, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the motion being placed off calendar or denied.

Moving party is ordered to give notice.