This case was last updated from Los Angeles County Superior Courts on 08/20/2020 at 08:07:32 (UTC).

MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL.

Case Summary

On 05/14/2018 MERCURY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against FELIPE JAIMES PINEDA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7286

  • Filing Date:

    05/14/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

MERCURY INSURANCE COMPANY

Defendants and Cross Plaintiffs

CENTINEAL GAS STATION

HELMER ADAM

PINEDA FELIPE JAIMES

Inglewood, CA 90302

PLAYA VISTA CAR CARE LTD DBA PLAYA VISTA CAR WASH

Defendant and Cross Defendant

PLAYA VISTA CAR CARE LTD DBA PLAYA VISTA CAR WASH

Attorney/Law Firm Details

Plaintiff Attorney

SPLINTER ROBERT GEORGE

Defendant Attorney

MCCREARY DUNCAN

 

Court Documents

Request for Dismissal - Request for Dismissal

8/13/2020: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

8/5/2020: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice of Continuance of Hearing on Motion

6/25/2020: Notice (name extension) - Notice of Continuance of Hearing on Motion

Notice (name extension) - Notice Of Continuance Of Hearing On Motion

6/1/2020: Notice (name extension) - Notice Of Continuance Of Hearing On Motion

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

1/14/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

Motion for Terminating Sanctions - Motion for Terminating Sanctions

3/3/2020: Motion for Terminating Sanctions - Motion for Terminating Sanctions

Motion for Order (name extension) - Motion for Order Notice of Motion and Motion Against Defendant Centinela Gas Station, Inc. for Order that Requests for Admission be Deemed Admitted; Memorandum of P

3/3/2020: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion Against Defendant Centinela Gas Station, Inc. for Order that Requests for Admission be Deemed Admitted; Memorandum of P

Minute Order - Minute Order (Non-Jury Trial)

3/10/2020: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

3/19/2019: Answer - Answer

Separate Statement - Separate Statement

6/4/2019: Separate Statement - Separate Statement

Separate Statement - Separate Statement

6/4/2019: Separate Statement - Separate Statement

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/31/2018: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service

7/24/2018: Proof of Personal Service

Cross-Complaint

7/6/2018: Cross-Complaint

Proof of Personal Service

6/21/2018: Proof of Personal Service

34 More Documents Available

 

Docket Entries

  • 08/17/2020
  • DocketHearing on Motion for Terminating Sanctions scheduled for 10/21/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/17/2020

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  • 08/17/2020
  • DocketNon-Jury Trial scheduled for 03/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/17/2020

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  • 08/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/17/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/17/2020

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  • 08/13/2020
  • DocketOn the Complaint filed by Mercury Insurance Company on 05/14/2018, entered Request for Dismissal with prejudice filed by Mercury Insurance Company as to the entire action

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  • 08/13/2020
  • DocketUpdated -- Robert George Splinter (Attorney): Organization Name: Splinter & Thai, LLP

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  • 08/06/2020
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from Adam Helmer (Defendant), Centineal gas Station (Defendant), Mercury Insurance Company (Plaintiff), Felipe Jaimes Pineda (Defendant) to Adam Helmer (Defendant), Centineal gas Station (Defendant), Mercury Insurance Company (Plaintiff), Felipe Jaimes Pineda (Defendant)

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  • 08/06/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:2043181 resulted in empty message

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  • 08/06/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:2043182 resulted in empty message

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  • 08/06/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:2043183 resulted in empty message

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  • 08/05/2020
  • DocketOn the Complaint filed by Mercury Insurance Company on 05/14/2018, entered Request for Dismissal with prejudice filed by Mercury Insurance Company

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58 More Docket Entries
  • 06/21/2018
  • DocketProof of Personal Service; Filed by: Mercury Insurance Company (Plaintiff); As to: Felipe Jaimes Pineda (Defendant); Service Date: 06/12/18; Service Cost: 69.50; Service Cost Waived: No

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  • 06/21/2018
  • DocketAffidavit of reasonable diligence; Filed by: Mercury Insurance Company (Plaintiff)

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  • 06/14/2018
  • DocketProof of Personal Service; Filed by: Mercury Insurance Company (Plaintiff); As to: Centineal gas Station (Defendant); Service Date: 05/30/18; Service Cost: 69.50; Service Cost Waived: No

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  • 05/14/2018
  • DocketComplaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Felipe Jaimes Pineda (Defendant); Adam Helmer (Defendant); Playa Vista Car Care, Ltd (Defendant) et al.

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  • 05/14/2018
  • DocketCivil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff)

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  • 05/14/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/14/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/14/2018
  • DocketNon-Jury Trial scheduled for 11/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/14/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07286    Hearing Date: January 14, 2020    Dept: 94

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED.

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Form Interrogatories, Set One, and for Monetary Sanctions is DENIED.

Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests Admission, Set One, and for Monetary Sanctions is DENIED.

ANALYSIS:

I. Background

On May 14, 2019, Plaintiff Mercury Insurance Company (“Plaintiff”) filed an action for subrogation against Felipe James Pineda (“Pineda”), Playa Vista Car Care, Ltd. (“Playa Vista”), and Centinela Gas Station, Inc. (“Centinela”) (collectively, “Defendants”). On October 31, 2018, default was entered against Centinela. On March 18, 2019, Plaintiff and Centinela filed a stipulation agreeing to set aside the default and allowing it to file a responsive pleading. (12/6/18 Stipulation.)

On June 4, 2019, Plaintiff filed the following three motions: (1) Motion to Compel Further Responses to Requests for Documents, Set One, and For Monetary Sanctions, (2) Motion to Compel Further Responses to Form Interrogatories, Set One, and For Monetary Sanctions, and (3) Motion to Compel Further Responses to Requests for Admission, Set One, and For Monetary Sanctions.

To date, no opposition or reply briefs have been filed.

II. Legal Standard

Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a response to demand for inspection..., the demanding party may move for an order compelling further response if the demanding party deems that (1) [a] statement of compliance with the demand is incomplete; (2) [a] representation of inability to comply is inadequate, incomplete, or evasive; [or] (3) [a]n objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).) Code of Civil Procedure section 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that . . . “[a]n objection to an interrogatory is without merit or too general.” (Code Civ. Proc., § 2030.300, subd. (a).) Code of Civil Procedure section 2033.290 provides that “[o]n receipt of a response to requests for admissions, the part requesting admissions may move for an order compelling a further response if that party deems that…(1) [a]n objection to a particular request is without merit or too general.” (Code Civ. Proc., § 2033.290, subd. (a)(1).)

Notice of the motions must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).) The motions must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b); Code Civ. Proc., § 2030.310, subd. (b); Code Civ. Proc., § 2033.290 subd. (b)(1).)

Finally, Cal. Rules of Court, Rule 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)).

III. Discussion

Plaintiff served the subject discovery on Centinela by mail on March 15, 2019. (Motions, Thai Decl., ¶ 2 and Exh. 1.) Plaintiff served responses to the discovery on April 18, 2019. (Id. at ¶ 3 and Exh, 2.) On April 23, 2019, Plaintiff’s counsel sent a meet and confer letter. (Id. at ¶ 4 and Exh. 3.)

The deadline to file motions to compel further responses was June 2, 2019. Because Plaintiff filed the instant Motions on June 4, 2019, the Motions are untimely and Plaintiff has waived any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2031.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).)

IV. Conclusion & Order

For the foregoing reasons:

(1) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests for Documents, Set One, and for Monetary Sanctions is DENIED;

(2) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Form Interrogatories, Set One, and for Monetary Sanctions is DENIED; and

(3) Plaintiff Mercury Insurance Company’s Motion to Compel Further Responses to Requests Admission, Set One, and for Monetary Sanctions is DENIED.

Moving party 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.