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 Other.
Case Details
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Case Number:
*******8436
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Filing Date:
06/14/2018
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Case Status:
Other
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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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
2/8/2021: Request for Dismissal - Request for Dismissal
1/21/2020: Declaration (name extension) - Declaration of Non-Service
12/2/2019: Notice (name extension) - Notice of Ruling on Defendants' Motions to Compel Plaintiff's Responses (signed)
12/10/2019: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial
12/13/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
9/19/2019: 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 Special Rogs (signed)
7/19/2019: Opposition (name extension) - Opposition to Defendant's Notice of Motion and Motion to Compel Responses to Defendant's Special Interrogatories
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
12/31/2018: General Denial - General Denial
7/27/2018: Answer
6/28/2018: Proof of Service by Substituted Service
6/25/2018: Proof of Personal Service
6/14/2018: Summons - on Complaint
6/14/2018: Civil Case Cover Sheet
6/14/2018: Complaint
6/14/2018: Notice of Case Assignment - Limited Civil Case
Docket Entries
- 02/18/2021
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/07/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/18/2021
- 02/18/2021
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/17/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/18/2021
- 02/08/2021
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DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 06/14/2018, entered Request for Dismissal without prejudice filed by Interinsurance Exchange of the Auto Club as to the entire action
- 04/29/2020
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DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
- 04/29/2020
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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
- 03/10/2020
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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
- 03/10/2020
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DocketMinute Order (Non-Jury Trial)
- 03/10/2020
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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
- 02/04/2020
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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
- 02/04/2020
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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)
- 07/27/2018
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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
- 06/28/2018
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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
- 06/25/2018
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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
- 06/14/2018
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DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Nyn Kyu Hwang (Defendant); Hoduk Hwang (Defendant)
- 06/14/2018
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DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
- 06/14/2018
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DocketSummons on Complaint; Issued and Filed by: Clerk
- 06/14/2018
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 06/14/2018
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DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
- 06/14/2018
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DocketNon-Jury Trial scheduled for 12/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 06/14/2018
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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
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.
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