This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 18:48:43 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS CHRISTIAN ROBERTO ALVARADO, ET AL.

Case Summary

On 03/01/2018 a Personal Injury - Motor Vehicle case was filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against CHRISTIAN ROBERTO ALVARADO in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3504

  • Filing Date:

    03/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

ALVARADO CHRISTIAN ROBERTO

HERRERA MARIA LOURDES

 

Court Documents

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

7/30/2019: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Summons - on Complaint

3/1/2018: Summons - on Complaint

Civil Case Cover Sheet

3/1/2018: Civil Case Cover Sheet

Proof of Service by Substituted Service

3/22/2018: Proof of Service by Substituted Service

Request for Dismissal

3/22/2018: Request for Dismissal

Notice (name extension) - of Entry of Dismissal and Proof of Service

4/2/2018: Notice (name extension) - of Entry of Dismissal and Proof of Service

Request for Entry of Default / Judgment

9/4/2018: Request for Entry of Default / Judgment

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

2/14/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 02/22/2019

2/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 02/22/2019

Minute Order - Minute Order (Hearing on Motion to Compel MOTION TO COMPEL RESPONSES TO FOR...)

4/4/2019: Minute Order - Minute Order (Hearing on Motion to Compel MOTION TO COMPEL RESPONSES TO FOR...)

Notice (name extension) - Notice of Motion of Compel

4/5/2019: Notice (name extension) - Notice of Motion of Compel

Notice of Ruling - Notice of Ruling

6/24/2019: Notice of Ruling - Notice of Ruling

 

Docket Entries

  • 03/04/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/03/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer

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  • 08/29/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/31/2019
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 12/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/24/2019
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/20/2019
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 06/20/2019

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  • 06/20/2019
  • DocketMinute Order (Hearing on Motion to Compel MOTION TO COMPEL RESPONSES TO FOR...)

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  • 06/20/2019
  • DocketHearing on Motion to Compel MOTION TO COMPEL RESPONSES TO FORM INTERROGTORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS scheduled for 06/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/20/2019; Result Type to Held - Motion Granted

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  • 04/05/2019
  • DocketNotice of Motion of Compel; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Maria Lourdes Herrera (Defendant)

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17 More Docket Entries
  • 03/22/2018
  • DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 03/01/2018, Request for dismissal Without Prejudice entered as to Christian Roberto Alvarado

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  • 03/22/2018
  • DocketRequest for Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Christian Roberto Alvarado (Defendant)

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  • 03/22/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Christian Roberto Alvarado (Defendant); Proof of Mailing Date: 03/19/2018; Service Cost: 65.50; Service Cost Waived: No

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  • 03/01/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Christian Roberto Alvarado (Defendant); Maria Lourdes Herrera (Defendant)

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  • 03/01/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/01/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 03/01/2018
  • DocketNon-Jury Trial scheduled for 08/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/01/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03504    Hearing Date: December 03, 2019    Dept: 94

MOTION TO STRIKE ANSWER & ENTER DEFAULT

(C.C.P. §§2023.010 & 2023.030)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s unopposed motion to strike Defendant Maria Lourdes Herrera’s answer and enter default against Defendant is GRANTED.

ANALYSIS:

I. Background

On March 1, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint for subrogation against Defendants Christian Roberto Alvarado (“Alvarado”) and Maria Lourdes Herrera (“Herrera”).

On March 22, 2018, Plaintiff filed a Request for Dismissal, dismissing Alvarado from the instant action.

On May 23, 2018, Herrera filed an answer to the complaint.

On June 20, 2019, the Court granted Plaintiff’s motion(s) to compel Herrera to provide responses to Form Interrogatories (Set One) and Request to Produce (Set One). The Court ordered Herrera to serve verified responses, without objections, to the discovery requests within 20 days.

The Court also granted Plaintiff’s request for sanctions against Herrera in the amount of $470.00. The Court ordered Herrera to pay the sanctions within 30 days.

II. Legal Standard

C.C.P. §2023.030 provides, in pertinent part, as follows:

To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process:

***

(d)

(1)

(2)

(3)

(4)

Misuses of the discovery process include, but are not limited to, failing to respond or submit to an authorized method of discovery and disobeying a court order to provide discovery. (C.C.P. §2023.010(d) and (g).)

“‘‘The power to impose discovery sanctions is a broad discretion subject to reversal only for arbitrary, capricious, or whimsical action. [Citations.] Only two facts are absolutely prerequisite to imposition of the sanction: (1) there must be a failure to comply … and (2) the failure must be wilful [citation].’ [Citation.]’ [Citation]” (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)

III. Analysis

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves for an order striking Defendant Maria Lourdes Herrera’s (“Herrera”) answer and entering default against Herrera for failure to comply with the Court’s discovery order.

Herrera engaged in misuses of the discovery process by failing to respond to authorized methods of discovery and disobeying a court order to provide discovery. Plaintiff served Herrera with written discovery (Form Interrogatories (Set One) and Request to Produce (Set One)) on September 20, 2018, Herrera did not provide responses to the discovery, Plaintiff filed a motion to compel Herrera to respond to the discovery, the Court granted Plaintiff’s motion and ordered Herrera to, among other things, provide responses, without objections, to the written discovery within 20 days, Plaintiff gave Herrera notice of the Court’s ruling, and Herrera failed to comply with the Court’s discovery order. (Declaration of Genchel ¶¶3-7; Exhibits A-B.) (See also Court’s June 20, 2019 Minute Order & Plaintiff’s Notice of Ruling (filed June 24, 2019).)

Terminating sanctions are warranted in light of Herrera’s misuses of the discovery process, continued failure to provide verified responses, without objections, to the written discovery, and failure to oppose the instant motion.

Based on the foregoing, Plaintiff’s unopposed motion for an order striking Herrera’s answer and entering default against Herrera is GRANTED.

IV. Conclusion & Order

Plaintiff State Farm Mutual Automobile Insurance Company’s unopposed motion to strike Defendant Maria Lourdes Herrera’s answer and enter default against Defendant is granted.

Plaintiff 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.