This case was last updated from Los Angeles County Superior Courts on 07/18/2021 at 01:52:29 (UTC).

INSURANCE COMPANY OF THE WEST VS CHANG BO ERIC WU

Case Summary

On 12/03/2019 INSURANCE COMPANY OF THE WEST filed a Personal Injury - Other Personal Injury lawsuit against CHANG BO ERIC WU. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1063

  • Filing Date:

    12/03/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INSURANCE COMPANY OF THE WEST

Defendant

WU CHANG BO ERIC

Attorney/Law Firm Details

Plaintiff Attorneys

MCCARTHY DANIEL B.

LONGO CHARLES ANTHONY

Defendant Attorneys

KELSEY BRANDON PATRICK

BURGOS RICHARD PATRICK

 

Court Documents

Request for Dismissal - Request for Dismissal

7/12/2021: Request for Dismissal - Request for Dismissal

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

11/2/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

4/5/2021: Notice of Change of Firm Name - Notice of Change of Firm Name

Notice (name extension) - Notice of Taking Motion for Order Compelling Response to Request for Production Off Calendar

4/6/2021: Notice (name extension) - Notice of Taking Motion for Order Compelling Response to Request for Production Off Calendar

Notice of Settlement - Notice of Settlement

5/5/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

5/11/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Substitution of Attorney - Substitution of Attorney

6/1/2021: Substitution of Attorney - Substitution of Attorney

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

3/6/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

Association of Attorney - Association of Attorney

2/6/2020: Association of Attorney - Association of Attorney

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

1/17/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

1/17/2020: Answer - Answer

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

12/27/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

12/3/2019: Complaint - Complaint

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/3/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Summons - Summons on Complaint

12/3/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/3/2019: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 07/15/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/25/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/15/2021

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  • 07/12/2021
  • DocketOn the Complaint filed by Insurance Company of the West on 12/03/2019, entered Request for Dismissal with prejudice filed by Insurance Company of the West as to Chang Bo Eric Wu

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  • 06/01/2021
  • DocketSubstitution of Attorney; Filed by: Insurance Company of the West (Plaintiff)

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  • 05/11/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/25/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 05/11/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 05/11/2021
  • DocketJury Trial scheduled for 06/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/11/2021

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  • 05/05/2021
  • DocketUpdated -- Notice of Settlement: Status Date changed from 05/05/2021 to 05/05/2021; As To Parties: removed

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  • 04/06/2021
  • DocketNotice of Taking Motion for Order Compelling Response to Request for Production Off Calendar; Filed by: Chang Bo Eric Wu (Defendant); As to: Insurance Company of the West (Plaintiff)

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  • 04/06/2021
  • DocketUpdated -- Brandon Patrick Kelsey (Attorney): Organization Name changed from Michael Maguire & Associates to James T. Shott & Associates

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  • 04/06/2021
  • DocketUpdated -- Richard Patrick Burgos (Attorney): First Name changed from Brandon to Richard; Last Name changed from Kelsey to Burgos; Organization Name changed from James T. Shott & Associates to Michael Maguire & Associates

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13 More Docket Entries
  • 12/27/2019
  • DocketProof of Service by Substituted Service; Filed by: Insurance Company of the West (Plaintiff); As to: Chang Bo Eric Wu (Defendant); Proof of Mailing Date: 12/22/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 12/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Insurance Company of the West (Plaintiff); As to: Chang Bo Eric Wu (Defendant)

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  • 12/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Insurance Company of the West (Plaintiff); As to: Chang Bo Eric Wu (Defendant)

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  • 12/03/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Insurance Company of the West (Plaintiff); As to: Chang Bo Eric Wu (Defendant)

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  • 12/03/2019
  • DocketComplaint; Filed by: Insurance Company of the West (Plaintiff); As to: Chang Bo Eric Wu (Defendant)

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  • 12/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/03/2019
  • DocketNon-Jury Trial scheduled for 06/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC11063    Hearing Date: April 7, 2021    Dept: 25

HEARING DATE: Wed., April 7, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Insurance Company of the West v. Wu COMPL. FILED: 12-03-19

CASE NUMBER: 19STLC11063 DISC. C/O: 05-02-21

NOTICE: OK DISC. MOT. C/O: 05-17-21

TRIAL DATE: 06-01-21

PROCEEDINGS: MOTION FOR ORDER COMPELLING RESPONSE TO REQUEST FOR PRODUCTION AND FOR SANCTIONS

MOVING PARTY: Defendant Chang Bo Eric Wu

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §2031.300)

TENTATIVE RULING:

Defendant Chang Bo Eric Wu’s Motion for Order Compelling Response to Request for Production is GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $354.00 to be paid to Defendant’s counsel within thirty (30) days of notice of this order.

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 April 5, 2021 [ ] Late [X] None

REPLY: None filed as of April 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 3, 2019, Plaintiff Insurance Company of the West (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Chang Bo Eric Wu (“Defendant”). Defendant filed an Answer on January 17, 2020.

On November 2, 2020, Defendant filed the instant Motion for Order Compelling Response to Request for Production and for Order Imposing Monetary Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Request for Production

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom 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., § 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., § 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); 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., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

On July 10, 2020, Defendant’s counsel’s office served Plaintiff with an Inspection Demand, Set One, via email. (Mot., Kelsey Decl., ¶ 2, Exh. A.) Defendant’s counsel provided Plaintiff’s counsel with two extensions to provide discovery responses, the first until August 25, 2020 and the second until September 14, 2020. (Id. at ¶¶ 3, 4, Exhs. B, C.) As of the date this Motion was filed, no responses to the Inspection Demand had been served. (Id. at ¶ 5.) Thus, Defendant is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., § 2031.300.)

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 submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

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

Defendant’s counsel requests sanctions of $447.00 based on 2 hours of attorney time billed at $186.00 per hour, one filing fee of $60.00, and one remote appearance fee of $15.00. (Mot., Kelsey Decl., ¶ 6.) However, the Court finds Defendant’s request excessive given the simplicity of the instant Motion and the lack of opposition and reply. The Court finds $354.00, based on 1.5 hours of attorney time, one filing fee, and one remote appearance fee, to be reasonable.

  1. Conclusion & Order

For the foregoing reasons, Defendant Chang Bo Eric Wu’s Motion for Order Compelling Response to Request for Production is GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $354.00 to be paid to Defendant’s counsel within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

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