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This case was last updated from Los Angeles County Superior Courts on 02/25/2021 at 04:31:24 (UTC).

RAFAEL ARROYO, JR. VS KAZMO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 04/21/2020 RAFAEL ARROYO, JR filed a Civil Right - Other Civil Right lawsuit against KAZMO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. 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:

    *******3483

  • Filing Date:

    04/21/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ARROYO RAFAEL JR.

Defendants

KAZMO LLC A CALIFORNIA LIMITED LIABILITY COMPANY

STAFFING AND MANAGEMENT GROUP INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

GRACE PHYL

Defendant Attorney

SAHELIAN ARA

 

Court Documents

Reply (name extension) - Reply to Defendants' Motion to Stay Proceedings

2/16/2021: Reply (name extension) - Reply to Defendants' Motion to Stay Proceedings

Minute Order - Minute Order (Hearing on Motion for Stay of Proceedings)

2/23/2021: Minute Order - Minute Order (Hearing on Motion for Stay of Proceedings)

Declaration (name extension) - Declaration of Ara Sahelian, Esq.

8/4/2020: Declaration (name extension) - Declaration of Ara Sahelian, Esq.

Request for Judicial Notice - Request for Judicial Notice

8/4/2020: Request for Judicial Notice - Request for Judicial Notice

Answer - Answer

8/4/2020: Answer - Answer

Motion re: (name extension) - Motion re: to Stay Proceedings Pending Outcome of Previously Filed Federal Action

8/4/2020: Motion re: (name extension) - Motion re: to Stay Proceedings Pending Outcome of Previously Filed Federal Action

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

8/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/18/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/18/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

8/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

First Amended Standing Order - First Amended Standing Order

4/21/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/13/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

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

5/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

4/21/2020: Complaint - Complaint

Summons - Summons on Complaint

4/21/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 04/25/2023
  • Hearing04/25/2023 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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  • 10/19/2021
  • Hearing10/19/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/23/2021
  • DocketUpdated -- Motion re: to Stay Proceedings Pending Outcome of Previously Filed Federal Action: Filed By: Staffing and Management Group, Inc., a California Corporation (Defendant),Kazmo, LLC, a California Limited Liability Company (Defendant); Result: Denied; Result Date: 02/23/2021

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  • 02/23/2021
  • DocketMinute Order (Hearing on Motion for Stay of Proceedings)

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  • 02/23/2021
  • DocketHearing on Motion for Stay of Proceedings scheduled for 02/23/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/23/2021; Result Type to Held - Motion Denied

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  • 02/17/2021
  • DocketExhibit List; Filed by: Kazmo, LLC, a California Limited Liability Company (Defendant)

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  • 02/16/2021
  • DocketReply to Defendants' Motion to Stay Proceedings; Filed by: Kazmo, LLC, a California Limited Liability Company (Defendant)

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  • 08/18/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Rafael Arroyo, Jr. (Plaintiff)

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  • 08/18/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 08/18/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Rafael Arroyo, Jr. (Plaintiff)

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9 More Docket Entries
  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/19/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/25/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/07/2020
  • DocketProof of Service by Substituted Service; Filed by: Rafael Arroyo, Jr. (Plaintiff); Service Cost: 30.00; Service Cost Waived: No

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  • 05/07/2020
  • DocketProof of Service by Substituted Service; Filed by: Rafael Arroyo, Jr. (Plaintiff); As to: Staffing and Management Group, Inc., a California Corporation (Defendant); Proof of Mailing Date: 04/24/2020; Service Cost: 30.00; Service Cost Waived: No

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  • 04/21/2020
  • DocketComplaint; Filed by: Rafael Arroyo, Jr. (Plaintiff); As to: Kazmo, LLC, a California Limited Liability Company (Defendant); Staffing and Management Group, Inc., a California Corporation (Defendant)

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  • 04/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Rafael Arroyo, Jr. (Plaintiff); As to: Kazmo, LLC, a California Limited Liability Company (Defendant); Staffing and Management Group, Inc., a California Corporation (Defendant)

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  • 04/21/2020
  • DocketSummons on Complaint; Issued and Filed by: Rafael Arroyo, Jr. (Plaintiff); As to: Kazmo, LLC, a California Limited Liability Company (Defendant); Staffing and Management Group, Inc., a California Corporation (Defendant)

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  • 04/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/21/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03483    Hearing Date: February 23, 2021    Dept: 26


Case Number: 21STCP00113    Hearing Date: February 23, 2021    Dept: 26

State Farm v. Gonzalez, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

(CCP § 2031.300; Ins. Code § 11580.2)

TENTATIVE RULING:

Petitioner State Farm Mutual Automobile Insurance Company’s Motion Compelling Respondent Carla Gonzalez to Answer Inspection Demands, Set One is GRANTED. RESPONDENT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Petitioner State Farm Mutual Automobile Insurance Company (“Petitioner”) propounded Inspection Demands, Set One, on Respondent Carla Gonzalez (“Plaintiff”) on June 3, 2020 in connection with an uninsured motorist arbitration proceeding. (Motions, Matsukas Decl., Exh. B.) Following Respondent’s failure to provide timely responses, Petitioner extended the deadline to serve verified responses to November 6, 2020. (Id. at Exhs. C-D.) Following no response from Respondent after the last deadline, Petitioner filed the instant Motion to Compel Responses to Inspection Demands, Set One on January 25, 2021. Respondent filed an opposition on January 29, 2021 and Petitioner replied on February 10, 2021.

Discussion

Discovery may be conducted both before and after the commencement of an uninsured / underinsured motorist arbitration proceeding. (Cal. Ins. Code, § 11580.2, subd. (f); Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913, 923.) The discovery statutes of the Code of Civil Procedure apply to uninsured / underinsured motorist arbitration proceedings. (Cal. Ins. Code, § 11580.2, subd. (f).)

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Respondent’s argument that Petitioner did not try to resolve this discovery dispute informally, therefore, is both factually and legally incorrect. (See Opp., pp. 2:17-3:2.) The motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) Based on Respondent’s failure to respond to the propounded discovery, Petitioner is entitled to an order compelling Respondent to serve verified responses to the inspection demands without objections.

Nor has Respondent shown that the Motion is moot due to belated service of responses. (See Opp., 2:2-6.) First, Respondent offers no proof that said responses were served because the opposition is not supported by a declaration or other competent evidence. Second, Petitioner in reply contends that the responses were unverified. (Reply, p. 2:5-7.) Unverified responses are tantamount to response at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)

Finally, Respondent’s argument that Petitioner’s request for sanctions is harassing is irrelevant because the Motions make no request for sanctions. (Motion, p. 1:26-27.)

Conclusion

Petitioner State Farm Mutual Automobile Insurance Company’s Motion Compelling Respondent Carla Gonzalez to Answer Inspection Demands, Set One is GRANTED. RESPONDENT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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