This case was last updated from Los Angeles County Superior Courts on 07/08/2020 at 20:08:40 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS NYN KYU HWANG, ET AL.

Case Summary

On 06/14/2018 INTERINSURANCE EXCHANGE OF THE AUTO CLUB filed a Personal Injury - Uninsured Motor Vehicle lawsuit against NYN KYU HWANG. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8436

  • Filing Date:

    06/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTO CLUB

Defendants

HWANG HODUK

HWANG NYN KYU

JO YEONG CHEOR

Attorney/Law Firm Details

Plaintiff Attorneys

MENDELSON LEE MICHAEL

MENDELSON LEE M

Defendant Attorney

HALL TIMOTHY ANDREW

 

Court Documents

Declaration (name extension) - Declaration of Non-Service

1/21/2020: Declaration (name extension) - Declaration of Non-Service

Notice (name extension) - Notice of Ruling on Defendants' Motions to Compel Plaintiff's Responses (signed)

12/2/2019: Notice (name extension) - Notice of Ruling on Defendants' Motions to Compel Plaintiff's Responses (signed)

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial

12/10/2019: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial

Affidavit (name extension) - Affidavit to Reviewing Clerk: "Stipulated Judgment" Doc Code Does Not Populate Fees

12/10/2019: Affidavit (name extension) - Affidavit to Reviewing Clerk: "Stipulated Judgment" Doc Code Does Not Populate Fees

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

12/13/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Reply (name extension) - Reply Reply to Opposition to Motion to Compel Responses to RFPOD (signed)

9/19/2019: Reply (name extension) - Reply Reply to Opposition to Motion to Compel Responses to RFPOD (signed)

Reply (name extension) - Reply Reply to Opposition to Motion to Compel Responses to Special Rogs (signed)

9/19/2019: Reply (name extension) - Reply Reply to Opposition to Motion to Compel Responses to Special Rogs (signed)

Opposition (name extension) - Opposition to Defendant's Notice of Motion and Motion to Compel Responses to Defendant's Special Interrogatories

7/19/2019: Opposition (name extension) - Opposition to Defendant's Notice of Motion and Motion to Compel Responses to Defendant's Special Interrogatories

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

5/31/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

General Denial - General Denial

12/31/2018: General Denial - General Denial

Answer

7/27/2018: Answer

Proof of Service by Substituted Service

6/28/2018: Proof of Service by Substituted Service

Proof of Personal Service

6/25/2018: Proof of Personal Service

Summons - on Complaint

6/14/2018: Summons - on Complaint

Civil Case Cover Sheet

6/14/2018: Civil Case Cover Sheet

Complaint

6/14/2018: Complaint

Notice of Case Assignment - Limited Civil Case

6/14/2018: Notice of Case Assignment - Limited Civil Case

27 More Documents Available

 

Docket Entries

  • 06/17/2021
  • Hearing06/17/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/07/2021
  • Hearing04/07/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/29/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/29/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 07/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 04/07/2021 09:30 AM

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  • 03/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/10/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 03/10/2020
  • DocketNon-Jury Trial scheduled for 03/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/10/2020; Result Type to Held

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  • 02/04/2020
  • DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 06/14/2018, entered Request for Dismissal with prejudice filed by Interinsurance Exchange of the Auto Club as to Hoduk Hwang and Nyn Kyu Hwang

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  • 02/04/2020
  • DocketRequest for Dismissal; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Nyn Kyu Hwang (Defendant); Hoduk Hwang (Defendant); Yeong Cheor Jo (Defendant)

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  • 01/21/2020
  • DocketDeclaration of Non-Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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34 More Docket Entries
  • 07/27/2018
  • DocketProof of Service by Mail; Filed by: Hoduk Hwang (Defendant); As to: Interinsurance Exchange of the Auto Club (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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  • 06/28/2018
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Nyn Kyu Hwang (Defendant); Proof of Mailing Date: 06/23/18; Service Cost: 92.00; Service Cost Waived: No

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  • 06/25/2018
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Hoduk Hwang (Defendant); Service Date: 06/20/2018; Service Cost: 92.00; Service Cost Waived: No

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  • 06/14/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Nyn Kyu Hwang (Defendant); Hoduk Hwang (Defendant)

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  • 06/14/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)

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  • 06/14/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/14/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 06/14/2018
  • DocketNon-Jury Trial scheduled for 12/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/14/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC08436    Hearing Date: December 02, 2019    Dept: 94

Interinsurance Exchange of the Automobile Club v. Hwang, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendants Nyn Kyu Hwang and Hoduk Hwang’s (1) Motion for Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are PLACED OFF CALENDAR AS MOOT. PLAINTIFF IS ORDERED TO PAY DEFENDANTS SANCTIONS OF $880.00 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Nyn Kyu Hwang and Hoduk Hwang (“Defendants”) on June 14, 2018. Defendants filed the instant discovery motions on May 31, 2019. Plaintiff filed its oppositions on July 19, 2019 and Defendants replied on September 19, 2019. The Court notes that this matter was originally set to be heard on September 30, 2019 (before the discovery motion cutoff date) but was continued on the Court’s own motion to December 2, 2019. Accordingly, Defendants are entitled to have the motions heard at this time.

Defendants served Plaintiff with Form Interrogatories, Special Interrogatories and Requests for Production on March 28, 2018. (Motions, Hall Decl., ¶2 and Exh. A.) As of the filing of these motions, no responses had been served. (Id. at ¶4.) However, Plaintiff demonstrated that it served verified responses to the discovery requests on July 3, 2019. (Opps., Exh. 1.) Therefore, Defendants’ (1) Motion for Order Compelling Plaintiff to Respond to Form Interrogatories; Request for Sanctions; (2) Motion for Order Compelling Plaintiff To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are PLACED OFF CALENDAR AS MOOT.

Plaintiff’s failure to timely serve verified responses is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030, and have been properly noticed. However, the amount sought is excessive given the simplicity of these nearly identical motions. The request for sanctions is granted against Plaintiff in the amount of $880.00 based on two hours of attorney time billed at $350.00 per hour, plus three filing fees of $60.00, to be paid within 30 days. (Motions, Hall Decl., ¶6.)

Moving party to give notice.