This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 00:39:29 (UTC).

HARCO NATIONAL INSURANCE COMPANY, A CORPORATION VS GABRIELA PARRA, ET AL.

Case Summary

On 01/25/2019 HARCO NATIONAL INSURANCE COMPANY, A CORPORATION filed a Contract - Insurance lawsuit against GABRIELA PARRA. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0773

  • Filing Date:

    01/25/2019

  • Case Status:

    Other

  • 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

HARCO NATIONAL INSURANCE COMPANY A CORPORATION

Defendants

PARRA ANTONIO

Pacoima, CA 91331

PARRA GABRIELA

Arleta, CA 91331

Attorney/Law Firm Details

Plaintiff Attorney

HAINES TODD F.

 

Court Documents

Notice (name extension) - Notice AMENDED NOTICE TO APPEAR AT TRIAL

11/26/2019: Notice (name extension) - Notice AMENDED NOTICE TO APPEAR AT TRIAL

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

12/16/2019: 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 Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/16/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice (name extension) - Notice of Withdrawal of Motion

2/28/2020: Notice (name extension) - Notice of Withdrawal of Motion

Notice (name extension) - Notice of Withdrawal of Motion

2/28/2020: Notice (name extension) - Notice of Withdrawal of Motion

Notice of Ruling - Notice of Ruling

3/2/2020: Notice of Ruling - Notice of Ruling

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

3/2/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Request for Dismissal - Request for Dismissal

4/3/2020: Request for Dismissal - Request for Dismissal

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

3/7/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

3/7/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

3/4/2019: Answer - Answer

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

3/4/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

3/4/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Answer - Answer

3/4/2019: Answer - Answer

Complaint - Complaint

1/25/2019: Complaint - Complaint

Summons - Summons on Complaint

1/25/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/25/2019: First Amended Standing Order - First Amended Standing Order

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

1/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 04/07/2020
  • DocketNon-Jury Trial scheduled for 07/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2020

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  • 04/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/28/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2020

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  • 04/03/2020
  • DocketOn the Complaint filed by Harco National Insurance Company, a corporation on 01/25/2019, entered Request for Dismissal with prejudice filed by Harco National Insurance Company, a corporation as to the entire action

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  • 04/03/2020
  • DocketAddress for Todd F. Haines (Attorney) updated

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  • 03/04/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 03/04/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/04/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/04/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/04/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/02/2020
  • DocketNotice of Ruling; Filed by: Harco National Insurance Company, a corporation (Plaintiff)

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  • 03/02/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 03/02/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/02/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/02/2020; Result Type to Held - Motion Granted

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19 More Docket Entries
  • 03/04/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Antonio Parra (Defendant)

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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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  • 01/25/2019
  • DocketNon-Jury Trial scheduled for 07/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/25/2019
  • DocketComplaint; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Gabriela Parra (Defendant); Antonio Parra (Defendant)

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  • 01/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Gabriela Parra (Defendant); Antonio Parra (Defendant)

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  • 01/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Harco National Insurance Company, a corporation (Plaintiff); As to: Gabriela Parra (Defendant); Antonio Parra (Defendant)

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  • 01/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/25/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC00773    Hearing Date: March 04, 2020    Dept: 25

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2033.280)

TENTATIVE RULING:

Plaintiff Harco National Insurance Company’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem Admitted Request for Admissions, Set One, and Requests for Sanctions are PLACED OFF CALENDAR.

ANALYSIS:

  1. Background & Discussion

On January 25, 2019, Plaintiff Harco National Insurance Company (“Plaintiff”) filed an action for subrogation against Defendants Gabriela Parra (“Gabriela”) and Antonio Parra (“Antonio”) (collectively, “Defendants”). On March 4, 2019, Defendants each filed an Answer in pro per.

On December 16, 2019, Plaintiff filed the instant Motion to Compel Answers to Form Interrogatories Served on Antonio Parra and Request for Sanctions (the “Interrogatories Motion”) and Motion to Deem Admitted the First Set of Request for Admissions Served on Antonio Parra and Request for Sanctions (the “RFA Motion”) (collectively, the “Motions”).

On February 28, 2020, Plaintiff filed a Notice of Withdrawal of Motions. Accordingly, Plaintiff’s Motions are PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Harco National Insurance Company’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem Admitted Request for Admissions, Set One, and Requests for Sanctions are PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC00773    Hearing Date: March 02, 2020    Dept: 25

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES; MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2033.280)

TENTATIVE RULING:

Plaintiff Harco National Insurance Company’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem Admitted Request for Admissions, Set One, are GRANTED. Defendant Gabriela Parra is ordered to serve responses without objections to Form Interrogatories, Set One, within thirty (30) days of service of notice of this order.

Plaintiff’s requests for sanctions are also GRANTED in the reduced amount of $305.00 to be paid within thirty (30) days of service of notice of this order.

ANALYSIS:

  1. Background

On January 25, 2019, Plaintiff Harco National Insurance Company (“Plaintiff”) filed an action for subrogation against Defendants Gabriela Parra (“Gabriela”) and Antonio Parra (“Antonio”) (collectively, “Defendants”). On March 4, 2019, Defendants each filed an Answer in pro per.

On December 16, 2019, Plaintiff filed the instant Motion to Compel Answers to Form Interrogatories Served on Gabriela Parra and Request for Sanctions (the “Interrogatories Motion”) and Motion to Deem Admitted the First Set of Request for Admissions Served on Gabriela Parra and Request for Sanctions (the “RFA Motion”) (collectively, the “Motions”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard & Discussion

A. Form Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories 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).) 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).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Plaintiff served Defendant Gabriela with Form Interrogatories, Set One, on August 12, 2019, by mail. (Interrogatories Mot., Tapper Decl., ¶ 2, Exh. A.) On November 4, 2019, Plaintiff’s counsel sent a letter to Defendant Gabriela regarding her lack of responses. (Id. at ¶ 4, Exh. B.) To date, Plaintiff has not received responses to the Form Interrogatories. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order compelling Defendant Gabriela to serve responses without objections. (Code Civ. Proc., §§ 2030.290.)

B. Request for Admissions

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff served Defendant Gabriela with Request for Admissions, Set One, on August 12, 2019, by mail. (RFA Mot., Tapper Decl., ¶ 2, Exh. A.) On November 4, 2019, Plaintiff’s counsel sent a letter to Defendant Gabriela regarding the lack of responses to the Request for Admissions. (Id. at ¶ 3, Exh. B.) To date, Plaintiff has not received responses to the discovery request. (Id. at ¶ 3.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant Gabriela. (Code Civ. Proc., § 2033.280.)

C. 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).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendant Gabriela’s failure to respond to Plaintiff’s Form Interrogatories, Set One, and Request for Admissions, Set One, a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction for failing to respond to Plaintiff’s Requests for Admissions under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel requests a total of $2,330.00 in sanctions, which includes ten (10) hours of attorney time billed at $225.00 per hour and two filing fees of $40.00. (Interrogatories Mot., ¶ 6; RFA Mot., ¶ 4.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Plaintiff’s requests for sanctions are GRANTED in the reduced amount of $305.00 based on one hour of attorney time and two filing fees of $40.00 each. Defendant Gabriela is ordered to pay sanctions within thirty (30) days of service of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Harco National Insurance Company’s (1) Motion to Compel Answers to Form Interrogatories, Set One, and (2) Motion to Deem Admitted Request for Admissions, Set One, are GRANTED. Defendant Gabriela is ordered to serve responses without objections to Form Interrogatories, Set One, within thirty (30) days of service of notice of this order.

Plaintiff’s requests for sanctions are also GRANTED in the reduced amount of $305.00 to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.