This case was last updated from Los Angeles County Superior Courts on 09/12/2020 at 00:04:49 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ABRAHAM ORTEGA

Case Summary

On 06/05/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ABRAHAM ORTEGA. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5394

  • Filing Date:

    06/05/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

ORTEGA ABRAHAM

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

Defendant Attorney

GOMES DAVID A

 

Court Documents

Notice (name extension) - Notice of Withdrawal of Motion for Order Deeming Admitted the Truth of Matters

9/9/2020: Notice (name extension) - Notice of Withdrawal of Motion for Order Deeming Admitted the Truth of Matters

Minute Order - Minute Order (Court Order)

7/10/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/10/2020

7/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/10/2020

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

7/10/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

3/6/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

1/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

1/24/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

1/24/2020: Demand for Jury Trial - Demand for Jury Trial

Complaint - Complaint

6/5/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/5/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/5/2019: First Amended Standing Order - First Amended Standing Order

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

6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 06/08/2022
  • Hearing06/08/2022 at 10:30 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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  • 12/02/2020
  • Hearing12/02/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/10/2020
  • DocketHearing on Motion for Order Deeming Admitted the Truth of Matters scheduled for 09/10/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/09/2020

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  • 09/09/2020
  • DocketNotice of Withdrawal of Motion for Order Deeming Admitted the Truth of Matters; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant)

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  • 07/10/2020
  • DocketMotion to Deem RFA's Admitted; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant)

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  • 07/10/2020
  • DocketHearing on Motion for Order Deeming Admitted the Truth of Matters scheduled for 09/10/2020 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 07/10/2020
  • DocketMinute Order (Court Order)

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  • 07/10/2020
  • DocketCertificate of Mailing for (Court Order) of 07/10/2020; Filed by: Clerk

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  • 03/09/2020
  • DocketAddress for SUSAN M BENSON (Attorney) updated

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  • 03/06/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: SUSAN M BENSON (Attorney)

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1 More Docket Entries
  • 01/24/2020
  • DocketDemand for Jury Trial; Filed by: Abraham Ortega (Defendant)

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  • 01/14/2020
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant); Proof of Mailing Date: 11/06/2019; Service Cost: 75.50; Service Cost Waived: No

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  • 06/06/2019
  • DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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

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  • 06/06/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/05/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant)

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  • 06/05/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Abraham Ortega (Defendant)

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  • 06/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05394    Hearing Date: September 10, 2020    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Abraham Ortega is CONTINUED TO OCTOBER 15, 2020 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On March 5, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Abraham Ortega (“Defendant”). (Motion, Taylor Decl., Exh. 1.) After the deadline to respond had passed, Plaintiff gave Defendant multiple extensions of the time to respond. (Id. at ¶¶5-10 and Exhs. 2-3.) As of the filing of the instant Motion to Deem Requests for Admission on March 5, 2020, Plaintiff had not received any responses to the discovery requests propounded on Defendant. (Id. at ¶11.) To date, no opposition to the Motion has been filed.

However, the Motion is not accompanied by a proof of service of the notice of hearing. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The lack of notice of the hearing date may be why Defendant did not file an opposition.

Therefore, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Abraham Ortega is CONTINUED TO OCTOBER 15, 2020 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE PLAINTIFF IS TO FILE PROOF OF SERVICE OF THE NOTICE OF HEARING. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.