This case was last updated from Los Angeles County Superior Courts on 09/25/2021 at 05:39:05 (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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0459

  • Filing Date:

    01/14/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • 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 Attorneys

PAULUS CHERIE L.

MCCLENDON NYKEEMAH C.

PAULUS CHERIE

 

Court Documents

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

6/7/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

6/7/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

6/7/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

5/20/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

3/20/2019: Answer - Answer

Association of Attorney - Association of Attorney

3/5/2021: Association of Attorney - Association of Attorney

Affidavit (name extension) - Affidavit of Plaintiff's insured Deena Hochmuth

3/9/2021: Affidavit (name extension) - Affidavit of Plaintiff's insured Deena Hochmuth

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 (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...)

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

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

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

23 More Documents Available

 

Docket Entries

  • 06/11/2021
  • DocketDefault judgment by Court entered for Plaintiff GEICO General Insurance Company against Defendant Charlene Rose Madore on the Complaint filed by GEICO General Insurance Company on 01/14/2019 for damages of $8,260.64 and costs of $330.10 for a total of $8,590.74.

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  • 06/11/2021
  • DocketJudgment Judgment (proposed); Signed and Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 06/11/2021
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 08/05/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/11/2021

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  • 06/07/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 06/07/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: GEICO General Insurance Company (Plaintiff)

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  • 06/07/2021
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: GEICO General Insurance Company (Plaintiff); As to: Charlene Rose Madore (Defendant)

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  • 06/07/2021
  • DocketRequest for Dismissal; Filed by: GEICO General Insurance Company (Plaintiff)

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  • 06/07/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: GEICO General Insurance Company (Plaintiff)

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  • 06/07/2021
  • DocketDefault entered as to Charlene Rose Madore; On the Complaint filed by GEICO General Insurance Company on 01/14/2019

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  • 06/07/2021
  • DocketOn the Complaint filed by GEICO General Insurance Company on 01/14/2019, entered Request for Dismissal with prejudice filed by GEICO General Insurance Company, does 1-20

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48 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.

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