This case was last updated from Los Angeles County Superior Courts on 10/05/2021 at 06:23:19 (UTC).

NATIONAL INTERSTATE INSURANCE COMPANY VS GEOVANTE LEVOYS THORNTON

Case Summary

On 10/21/2019 NATIONAL INTERSTATE INSURANCE COMPANY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against GEOVANTE LEVOYS THORNTON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9689

  • Filing Date:

    10/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

NATIONAL INTERSTATE INSURANCE COMPANY

Defendant

THORNTON GEOVANTE LEVOYS

Not Classified By Court

THORNTON GEOVANTE

THORNTON GEOVANTE LEVOYS SR.

Attorney/Law Firm Details

Plaintiff Attorney

MENDELSON LEE M

 

Court Documents

Declaration (name extension) - Declaration Declaration of Attorney

5/4/2021: Declaration (name extension) - Declaration Declaration of Attorney

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

5/4/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

5/4/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Declaration (name extension) - Declaration Declaration as to Notice

7/22/2021: Declaration (name extension) - Declaration Declaration as to Notice

Declaration (name extension) - Declaration Declaration as to Irreparable Harm

7/22/2021: Declaration (name extension) - Declaration Declaration as to Irreparable Harm

Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial;)

7/26/2021: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial;)

Order (name extension) - Order of Court's Final Ruling

7/26/2021: Order (name extension) - Order of Court's Final Ruling

Minute Order - Minute Order (Nunc Pro Tunc Order)

7/26/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 07/26/2021

7/26/2021: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 07/26/2021

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 07/28/2021

7/28/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 07/28/2021

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

7/28/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/14/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Continue Non-Jury Trial; Points and Authorities, Declaration of Plaintiff; (Proposed) Order

4/14/2021: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Continue Non-Jury Trial; Points and Authorities, Declaration of Plaintiff; (Proposed) Order

Declaration (name extension) - Declaration Declaration as to Irreparable Harm

4/14/2021: Declaration (name extension) - Declaration Declaration as to Irreparable Harm

Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial; P...)

4/16/2021: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Non-Jury Trial; P...)

Notice (name extension) - Notice of Hearing

4/20/2021: Notice (name extension) - Notice of Hearing

Answer - Answer

1/8/2020: Answer - Answer

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

11/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

29 More Documents Available

 

Docket Entries

  • 10/24/2022
  • Hearing10/24/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/19/2022
  • Hearing04/19/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/28/2021
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): As To Parties changed from Geovante Levoys Thornton (Defendant) to Geovante Levoys Thornton, Sr. (Non-Party)

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  • 07/28/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 07/28/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 07/28/2021
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): As To Parties changed from Geovante Thornton (Non-Party) to Geovante Thornton Erroneously Sued As Geovante Levoys Thornton (Defendant)

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  • 07/28/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 07/28/2021
  • DocketUpdated -- Motion for Order to Strike Defendants' Answer to Complaint: Exact Name: Motion for Order to Strike Defendants' Answer to Complaint; As To Parties: Geovante Levoys Thornton, Sr. (Non-Party)

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  • 07/28/2021
  • DocketUpdated -- Notice of Hearing: As To Parties changed from Geovante Levoys Thornton (Defendant) to Geovante Thornton Erroneously Sued As Geovante Levoys Thornton (Defendant)

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  • 07/28/2021
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: National Interstate Insurance Company (Plaintiff); Result: Granted; Result Date: 07/28/2021; As To Parties changed from Geovante Levoys Thornton (Defendant) to Geovante Thornton Erroneously Sued As Geovante Levoys Thornton (Defendant)

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69 More Docket Entries
  • 11/21/2019
  • DocketRequest to Waive Court Fees; Filed by: Geovante Levoys Thornton (Defendant)

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  • 11/21/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Geovante Levoys Thornton (Defendant)

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  • 11/21/2019
  • DocketUpdated -- Request to Waive Court Fees: Result Date changed from 11/21/2019 to 11/21/2019; As To Parties: removed

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  • 11/18/2019
  • DocketProof of Service by Substituted Service; Filed by: National Interstate Insurance Company (Plaintiff); As to: Geovante Levoys Thornton (Defendant); Proof of Mailing Date: 11/18/2019; Service Cost: 92.00; Service Cost Waived: No

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  • 10/21/2019
  • DocketNon-Jury Trial scheduled for 04/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/21/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/21/2019
  • DocketComplaint; Filed by: National Interstate Insurance Company (Plaintiff); As to: Geovante Levoys Thornton (Defendant)

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  • 10/21/2019
  • DocketSummons on Complaint; Issued and Filed by: National Interstate Insurance Company (Plaintiff); As to: Geovante Levoys Thornton (Defendant)

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  • 10/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/21/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b'

Case Number: 19STLC09689 Hearing Date: July 28, 2021 Dept: 26

National Interstate\r\nIns. Co. v. Thorton, et al. 19STLC09689

MOTION\r\nTO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR ADMISSION ADMITTED;\r\nREQUEST FOR SANCTIONS

\r\n\r\n

(CCP\r\n§§ 2030.290, 2033.280, 2023.010)

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TENTATIVE RULING:

\r\n\r\n

National Interstate Insurance Company’s (1) Motion Compelling Responses to Form Interrogatories, Set One and for\r\nMonetary Sanctions; and (2) Motion Deeming Requests for Admission Admitted and\r\nfor Monetary Sanctions are GRANTED. DEFENDANT GEOVANTE LEVOYS THORNTON\r\nIS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN\r\n20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF\r\n$570.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

\r\n\r\n

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Plaintiff National Interstate Insurance Company\r\n(“Plaintiff”) propounded Form Interrogatories and Requests for Admission on\r\nDefendant Geovante Levoys Thornton (“Defendant”) on\r\nJanuary 4, 2021. (Motions, Schawrz Decl., Exh. 1.) Despite a meet and confer\r\neffort, Defendant still has not served responses to date. (Id. at ¶¶4-5\r\nand Exh. 2.) Plaintiff filed the instant (1) Motion To Compel Responses To Form\r\nInterrogatories and Request For Sanctions; and (2) Motion To Deem Requests For\r\nAdmission Admitted and Request For Sanctions on May 4, 2021.

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To date, no opposition has been filed.

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Discussion

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Based on Defendant’s failure to serve initial responses, the\r\nMotions to compel responses to interrogatories, and to deem admissions admitted\r\nare granted. (Code Civ. Proc., §§ 2030.290; 2033.280.) There is no requirement\r\nfor a prior meet and confer effort before a motion to compel initial responses\r\nor deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290;\r\n2033.280.) Further, the motion can be brought any time after the responding\r\nparty fails to provide the responses. (Code Civ. Proc., §§ 2030.290; 2033.280.)\r\nBased on the foregoing, Plaintiff is entitled to an order compelling Defendant\r\nto serve verified responses to the interrogatories without objections. The\r\nCourt also deems the requests for admission admitted against Defendant.

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Defendant’s failure to timely respond to the requests also\r\nconstitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010,\r\nsubd. (d).) Sanctions are appropriate under Code of Civil Procedure sections\r\n2033.280, 2023.010 and 2023.030 and have been properly noticed. However, the\r\namount sought is excessive under a lodestar calculation. Therefore, the\r\nrequests for sanctions are granted against Defendant in the amount of $570.00\r\nbased on one hour of attorney time billed at $450.00 an hour, plus $120.00 in\r\ncosts. (Motions, Schwarz Decl., ¶12.) The sanctions are to be paid within 20\r\ndays’ service of this order.

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Conclusion

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National Interstate Insurance Company’s (1) Motion Compelling Responses to Form Interrogatories, Set One and for\r\nMonetary Sanctions; and (2) Motion Deeming Requests for Admission Admitted and\r\nfor Monetary Sanctions are GRANTED. DEFENDANT GEOVANTE LEVOYS THORNTON\r\nIS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES WITHIN\r\n20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF\r\n$570.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

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Moving party to give notice.

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'b'

Case Number: 19STLC09689 Hearing Date: July 7, 2021 Dept: 26

Due to Court\'s unavailability, both Hearings on Motions to compel discovery (not "further discovery"), are continued to 07/28/2021 at 10:00 a.m.'

Case Number: 19STLC09689    Hearing Date: August 10, 2020    Dept: 26

National Interstate Ins. Co. v. Thornton, et al.

MOTION TO STRIKE

(CCP §§ 92, 435, 436)

TENTATIVE RULING:

Plaintiff National Interstate Insurance Company’s Motion to Strike the Answer is DENIED.

ANALYSIS:

Plaintiff National Interstate Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Geovante Levoys Thorton (“Defendant”) on October 21, 2019. Defendant filed an Answer on November 21, 2019. On January 8, 2020, Defendant filed an Amended Answer. Only July 1, 2020, Plaintiff filed the instant Motion to Strike Defendant’s Answer.

The Motion to Strike is not brought upon any legal basis nor supported by a memorandum of points and authorities. (Notice of Motion; Mendelson Decl.) Under Cal. Rules of Court, Rule 3.1113, subdivision (b), “[t]he memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)

As Plaintiff fails to demonstrate the authority or grounds for relief, the Motion to Strike the Answer is DENIED.

Court clerk to give notice.

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