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This case was last updated from Los Angeles County Superior Courts on 05/01/2021 at 06:33:27 (UTC).

HARCO NATIONAL INSURANCE COMPANY, A CORPORATION VS AMBER NAGLE, ET AL.

Case Summary

On 05/01/2019 HARCO NATIONAL INSURANCE COMPANY, A CORPORATION filed a Contract - Insurance lawsuit against AMBER NAGLE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4259

  • Filing Date:

    05/01/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiff

HARCO NATIONAL INSURANCE COMPANY A CORPORATION

Defendants

NAGLE AMBER

EVANGELISTA DAPHNE

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD F.

 

Court Documents

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

9/21/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Declaration (name extension) - Declaration in Support of CCP 1033

4/22/2021: Declaration (name extension) - Declaration in Support of CCP 1033

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

4/22/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration in Support of Interest Memo

4/22/2021: Declaration (name extension) - Declaration in Support of Interest Memo

Declaration (name extension) - Declaration in Support of Default Judgment - Insured

4/22/2021: Declaration (name extension) - Declaration in Support of Default Judgment - Insured

Declaration (name extension) - Declaration in Support of Default Judgment - Plaintiff

4/22/2021: Declaration (name extension) - Declaration in Support of Default Judgment - Plaintiff

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/29/2021

4/29/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/29/2021

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 09/03/2020

9/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 09/03/2020

Notice (name extension) - Notice CONTINUANCE MOTION

3/30/2020: Notice (name extension) - Notice CONTINUANCE MOTION

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

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

2/20/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

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

7/2/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

5/30/2019: Answer - Answer

First Amended Standing Order - First Amended Standing Order

5/1/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/1/2019: Complaint - Complaint

Summons - Summons on Complaint

5/1/2019: Summons - Summons on Complaint

14 More Documents Available

 

Docket Entries

  • 07/28/2021
  • Hearing07/28/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/29/2021
  • DocketNon-Jury Trial scheduled for 07/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/29/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 04/29/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 04/29/2021; Filed by: Clerk

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  • 04/29/2021
  • DocketPursuant to oral stipulation, Non-Jury Trial scheduled for 04/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 07/28/2021 08:30 AM

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  • 04/28/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/04/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 05/30/2019

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  • 04/22/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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  • 04/22/2021
  • DocketDeclaration in Support of CCP 1033; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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  • 04/22/2021
  • DocketRequest for Dismissal; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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  • 04/22/2021
  • DocketDeclaration in Support of Default Judgment - Insured; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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26 More Docket Entries
  • 05/30/2019
  • DocketProof of Service by Substituted Service; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Amber Nagle (Defendant); Proof of Mailing Date: 05/21/2019; Service Cost: 74.00; Service Cost Waived: No

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  • 05/30/2019
  • DocketAnswer; Filed by: Daphne Evangelista (Defendant)

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  • 05/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Amber Nagle (Defendant); Daphne Evangelista (Defendant)

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  • 05/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Amber Nagle (Defendant); Daphne Evangelista (Defendant)

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  • 05/01/2019
  • DocketComplaint; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Amber Nagle (Defendant); Daphne Evangelista (Defendant)

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  • 05/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketNon-Jury Trial scheduled for 10/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC04259    Hearing Date: September 03, 2020    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP §§ 2030.290; 2033.280)

TENTATIVE RULING:

Plaintiff Harco National Insurance Company’s (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Deem the Truth of Matters in Request for Admissions as Admitted and Request for Sanctions are GRANTED. RESPONSES TO THE INTERROGATORIES ARE TO BE SERVED BY DEFENDANT DAPHNE EVANGELISTA WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT EVANGELISTA IS FURTHER ORDERED TO PAY SANCTIONS OF $570.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Harco National Insurance Company (“Plaintiff”) filed the instant action for breach of contract against Defendants Amber Nagle (“Defendant Nagle”) and Daphne Evangelista (“Defendant Evangelista”) on May 1, 2019. Plaintiff served Form Interrogatories, Set One and Request for Admissions on Defendant Evangelista on August 17, 2019. (Motions, Tapper Decl., Exh. A.) Plaintiff now brings the instant (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Deem the Truth of Matters in Request for Admissions as Admitted and Request for Sanctions (the “Motions”). To date, no opposition has been filed.

Due to the failure to respond to the propounded discovery requests, Defendant Evangelista is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories, Set One within twenty (20) days from the date of Plaintiff serving notice of this Order. (Code Civ. Proc., § 2030.290.) The Requests for Admission are also deemed admitted against Defendant Evangelista. (Code Civ. Proc., § 2033.280.)

The Court finds Defendant Evangelista’s failure to respond an abuse of the discovery process. Monetary sanctions are awarded under Code of Civil Procedure sections 2033.280, 2030.290 and 2023.010. Given the simplicity of the Motions, the Court finds that total sanctions are appropriate in the amount of $570.00 based on two hours of attorney time billed at $225.00 per hour and two filing fees of $60.00 each. (Motions, Tapper Decl., ¶4.) Sanctions are to be paid within thirty (30) days from the date of Plaintiff serving notice of this Order.

Conclusion

Plaintiff Harco National Insurance Company’s (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Deem the Truth of Matters in Request for Admissions as Admitted and Request for Sanctions are GRANTED. RESPONSES TO THE INTERROGATORIES ARE TO BE SERVED BY DEFENDANT DAPHNE EVANGELISTA WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT EVANGELISTA IS FURTHER ORDERED TO PAY SANCTIONS OF $570.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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