On 09/20/2018 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Motor Vehicle lawsuit against ERIC THOMAS FLORENCE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******2003
09/20/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
FLORENCE ERIC THOMAS
Valencia, CA 91355
MCCLAIN DEBORAH LORRAINE
7/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
9/24/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)
9/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 09/24/2019
11/21/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)
12/4/2019: Notice of Ruling - Notice of Ruling
3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
7/30/2019: Motion for Order (name extension) - Motion for Order Plaintiff's Motion to Deem RFA's Admitted and [Proposed] Order
11/30/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service
12/21/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
12/21/2018: Answer - Answer
9/20/2018: Complaint
9/20/2018: Summons - on Complaint
9/20/2018: Civil Case Cover Sheet
9/20/2018: Notice of Case Assignment - Limited Civil Case
Hearing03/30/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketUpdated -- Notice Re: Continuance of Hearing and Order: As To Parties: removed
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/23/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/27/2020
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 10/06/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 03/30/2021 08:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 04/30/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 10/06/2020 08:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOn the Court's own motion, Non-Jury Trial scheduled for 03/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 04/30/2020 08:30 AM
DocketNotice of Ruling; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)
DocketAnswer; Filed by: Eric Thomas Florence (Defendant)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Eric Thomas Florence (Defendant)
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Eric Thomas Florence (Defendant); Proof of Mailing Date: 11/16/2018; Service Cost: 138.00; Service Cost Waived: No
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 03/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff)
DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club (Plaintiff); As to: Eric Thomas Florence (Defendant)
Case Number: 18STLC12003 Hearing Date: November 21, 2019 Dept: 94
MOTION TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS TO DEFENDANT AS ADMITTED AND FOR MONETARY SANCTIONS
(CCP § 2033.280)
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions is GRANTED.
ANALYSIS:
I. Background
On February 8, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) served Requests for Admissions on Defendant Eric Thomas Florence (“Defendant”). (Aguirre Decl. ¶ 4, citing to Exh. A.) To date, Plaintiff has not received any discovery responses to the propounded discovery requests from Defendant. (Id. ¶ 9.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions (the “Motion”) on July 30, 2019.
II. Discussion & Order
Because Defendant has failed to serve any responses to Plaintiff’s Requests for Admissions, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff’s Requests for Admissions to Defendant is hereby deemed admitted.
Because the Motion has been granted, monetary sanctions are mandatory under CCP § 2033.280(c). Given the simplicity of the Motion and the lack of opposition and reply, the Court awards Plaintiff $430 in reasonable attorney’s fees and costs as monetary sanctions against Defendant. Sanctions are to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Defendant.
Prevailing party is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.