On 12/14/2017 INTERINSURANCE EXCHANGE OF THE AUTO CLUB filed a Personal Injury - Motor Vehicle lawsuit against BAOTRUNG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.
*******5063
12/14/2017
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
INTERINSURANCE EXCHANGE OF THE AUTO CLUB
TRAN BAOTRUNG V
MENDELSON LEE MICHAEL
6/7/2019: Declaration (name extension) - Declaration as to Notice
6/7/2019: Order (name extension) - Order -
6/7/2019: Declaration (name extension) - Declaration of Plaintiff
6/7/2019: Declaration (name extension) - Declaration as to Irreparable Harm
6/11/2019: Ex Parte Application (name extension) - Ex Parte Application to Continue Non-Jury Trial
6/11/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial)
3/14/2018: Order on Court Fee Waiver (Superior Court)
3/2/2018: Order on Court Fee Waiver (Superior Court)
2/28/2018: General Denial
2/28/2018: Proof of Service (not Summons and Complaint)
2/6/2018: Proof of Personal Service
7/3/2018: Notice of Rejection Default/Clerk's Judgment
1/23/2018: Declaration (name extension) - of Non Service
12/26/2017: Declaration (name extension) - of Non Service
12/14/2017: Summons - on Complaint
12/14/2017: Civil Case Cover Sheet
12/14/2017: Complaint
12/14/2017: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNon-Jury Trial scheduled for 12/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial)
DocketHearing on Ex Parte Application to Continue Non-Jury Trial scheduled for 06/11/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/11/2019; Result Type to Held
DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 06/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 12/13/2019 08:30 AM
DocketEx Parte Application to Continue Non-Jury Trial; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Baotrung V Tran (Defendant)
DocketDeclaration as to Irreparable Harm; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration of Plaintiff; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketMemorandum of Points & Authorities; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint
DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Baotrung V Tran (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 06/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 12/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Case Number: 17STLC05063 Hearing Date: November 04, 2019 Dept: 94
Interinsurance Exchange v. Tran, et al.
MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED
(CCP § 2033.280)
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Requests for Admission served on Defendant Baotrung V. Tran and Request for Sanctions, is GRANTED. DEFENDANT IS TO PAY SANCTIONS OF $511.65 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Baotrung V. Tran (“Defendant”) on December 14, 2017. The trial date was continued to December 13, 2019, with all applicable deadlines to follow. Plaintiff filed the instant Motion to Deem Requests for Admission admitted on September 20, 2019. Defendant filed a “Response to Request for Admissions” on October 16, 2019.
Defendant has not provided verified responses to the discovery propounded by Plaintiff nor filed an opposition explaining his failure to do so. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. The purported responses to the Requests for Admission filed by Defendant on October 16, 2019 are defective in that they were not timely served (indeed it does not appear that they were served on Plaintiff at all) and are unverified. (See Code Civ. Proc., §§ 2033.210, subd. (a); 2033.250.) His unverified “Response to Request for Admissions” do not constitute valid responses even if served. “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914).)
Based on the foregoing, the court deems the Requests for Admission, Set One, served on Defendant on April 9, 2019, admitted. The Court also finds that sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive given the simplicity of this motion. Sanctions are granted against Defendant in the amount of $511.65, based on one (1) hour of attorney time billed at $450.00 per hour, plus the $61.65 filing fee. (Motion, Mendelson Decl., ¶5.)
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Requests for Admission served on Defendant Baotrung V. Tran and Request for Sanctions, is GRANTED. DEFENDANT IS TO PAY SANCTIONS OF $511.65 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.