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This case was last updated from Los Angeles County Superior Courts on 06/07/2021 at 00:59:12 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS DERRICK MARLIN MYERS

Case Summary

On 06/04/2019 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE filed a Personal Injury - Motor Vehicle lawsuit against DERRICK MARLIN MYERS. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5342

  • Filing Date:

    06/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendant

MYERS DERRICK MARLIN

Attorney/Law Firm Details

Plaintiff Attorney

MCCLAIN DEBORAH

 

Court Documents

Motion re: (name extension) - Motion re: Motion to Deem Admitted Matters Within Plaintiff's Request for Admissions

1/4/2021: Motion re: (name extension) - Motion re: Motion to Deem Admitted Matters Within Plaintiff's Request for Admissions

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

2/1/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

2/16/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

3/24/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice of Ruling - Notice of Ruling

5/19/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Non-Jury Trial)

5/26/2021: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

12/1/2020: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

7/8/2019: Answer - Answer

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

6/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

6/4/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

6/4/2019: Complaint - Complaint

Summons - Summons on Complaint

6/4/2019: Summons - Summons on Complaint

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

6/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

6/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

2 More Documents Available

 

Docket Entries

  • 09/08/2021
  • Hearing09/08/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/26/2021
  • DocketNon-Jury Trial scheduled for 09/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/26/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 05/26/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 05/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Party's Motion was rescheduled to 09/08/2021 08:30 AM

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  • 05/19/2021
  • DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 03/24/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 03/24/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/24/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/24/2021; Result Type to Held - Motion Granted

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  • 02/16/2021
  • DocketMotion to Deem RFA's Admitted; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Derrick Marlin Myers (Defendant)

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  • 02/01/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/24/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 02/01/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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7 More Docket Entries
  • 07/08/2019
  • DocketAnswer; Filed by: Derrick Marlin Myers (Defendant); As to: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 06/21/2019
  • DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Derrick Marlin Myers (Defendant); Proof of Mailing Date: 06/09/2019; Service Cost: 100.00; Service Cost Waived: No

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  • 06/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketNon-Jury Trial scheduled for 12/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Derrick Marlin Myers (Defendant)

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  • 06/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Derrick Marlin Myers (Defendant)

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  • 06/04/2019
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Derrick Marlin Myers (Defendant)

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Tentative Rulings

Case Number: 19STLC05342    Hearing Date: March 24, 2021    Dept: 25

HEARING DATE: Wed., March 24, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Interinsurance Exchange of the Automobile Club v. Myers

CASE NUMBER: 19STLC05342 COMPL. FILED: 06-04-19

NOTICE: OK DISC. C/O: 04-26-21

DISC. MOT. C/O: 05-11-21

TRIAL DATE: 05-26-21

PROCEEDINGS: MOTION TO DEEM ADMITTED MATTERS CONTAINED WITHIN PLAINTIFF’S REQUEST FOR ADMISSIONS

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $337.50 to be paid 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 March 22, 2021 [ ] Late [X] None

REPLY: None filed as of March 22, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 7, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action against Defendant Derrick Marlin Myers (“Defendant”). Defendant filed his Answer, in pro per, on July 8, 2019.

Plaintiff filed the instant Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions and Request for Sanctions (the “Motion”) on January 4, 2021. At the initial hearing on February 1, 2021, the Court noted the supporting declaration referenced two exhibits that were not attached. (2/1/21 Minute Order.) For this reason, the Motion was continued and Plaintiff was ordered to file and serve the missing exhibits at least 16 court days before the next scheduled hearing. (Id.)

Plaintiff re-filed the Motion on February 16, 2021. No opposition has been filed.

  1. Legal Standard & Discussion

A. Requests for Admission

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’s counsel served Defendant with Requests for Admission, Set One, on October 7, 2019, via regular mail. (Mot., McClain Decl., ¶ 4, Exh. A.) Although not statutorily required, on or about December 8, 2019, Plaintiff’s counsel mailed Defendant a letter regarding the lack of responses. (Id. at ¶ 6, Exh. B.) Defendant did not respond to the discovery request. (Id. at ¶ 9.)

Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant. (Code Civ. Proc., § 2033.280.)

B. Request for 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’s failure to respond to Plaintiff’s discovery request a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction on Defendant for his failure to respond to the Request for Admissions under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel requests sanctions of $615.00, based on 3 hours of attorney time at a rate of $185.00 per hour and a $60.00 filing fee. (Mot., McClain Decl., ¶ 10.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $337.50, based on 1.5 hours of attorney time and one filing fee, to be reasonable.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $337.50 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

Case Number: 19STLC05342    Hearing Date: February 01, 2021    Dept: 25

HEARING DATE: Mon., February 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Interinsurance Exchange of the Automobile Club v. Myers

CASE NUMBER: 19STLC05342 COMPL. FILED: 06-04-19

NOTICE: OK DISC. C/O: 04-26-21

DISC. MOT. C/O: 05-11-21

TRIAL DATE: 05-26-21

PROCEEDINGS: MOTION TO DEEM ADMITTED MATTERS CONTAINED WITHIN PLAINTIFF’S REQUEST FOR ADMISSIONS

MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions is CONTINUED TO MARCH 24, 2021 at 10:00

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 January 27, 2021 [ ] Late [X] None

REPLY: None filed as of January 27, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On November 7, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action against Defendant Derrick Marlin Myers (“Defendant”). Defendant filed his Answer on July 8, 2019.

Plaintiff filed the instant Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions and Request for Sanctions (the “Motion”) on January 4, 2021. To date, no opposition has been filed.

Before considering the merits, the Court notes Plaintiff’s Motion is incomplete. Specifically, the supporting declaration states it includes Exhibits A and B, but nothing is attached. Thus, the hearing is CONTINUED to allow Plaintiff the opportunity to properly file and serve these exhibits.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem Admitted Matters Contained Within Plaintiff’s Request for Admissions is CONTINUED TO MARCH 24, 2021 at 10:00

Moving party is ordered to give notice.

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