On 04/02/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against DYLAN LEE GENE SAMPSEL. 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.
*******3151
04/02/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
SAMPSEL DYLAN LEE GENE
SCHOECK MICHAEL D
SMITH-MARS DENISE A
Court documents are not available for this case.
Hearing07/12/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion to Deem RFA's Admitted: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted in Part; Result Date: 03/10/2021
DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)
DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/10/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/10/2021; Result Type to Held
DocketReply TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)
DocketDeclaration OF BREANNE L REESE ESQ ISO REPLY TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)
DocketProof of Service (not Summons and Complaint) DECLARATION OF SERVICE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketOpposition to Plaintiff's Motion to Deem Matter's Admitted and Request for Sanctions; Declaration of Rajeev S. Patel; Filed by: DYLAN LEE GENE SAMPSEL (Defendant)
DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/10/2021 at 10:00 AM in Spring Street Courthouse at Department 26
DocketMotion to Deem RFA's Admitted; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketAffidavit AFFIDAVIT'OF MERIT; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)
DocketNon-Jury Trial scheduled for 09/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DYLAN LEE GENE SAMPSEL (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
Case Number: 19STLC03151 Hearing Date: March 10, 2021 Dept: 26
State Farm v. Sampsel., et al. 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 Dylan Lee Gene Sampsel and Request for
Sanctions is DENIED AS TO
REQUEST NOS. 2-9 AND GRANTED AS TO REQUEST NO. 1. THE REQUEST FOR SANCTIONS IS GRANTED.
ANALYSIS: Plaintiff State Farm
Mutual Automobile Insurance Company (“Plaintiff”) served Requests for
Admissions on Defendant Dylan Lee Gene Samsel (“Defendant”) on March 20, 2020.
(Motion, Reese Decl., Exh. A.) Following
multiple extensions of the time to respond, Defendant served unverified
responses on June 24, 2020. (Id. at ¶¶5-6.) Plaintiff’s counsel sought
to meet and confer again but, to date, no verified responses have been served.
(Id. at ¶7-8 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for
Admission Admitted and Request for Sanctions on January 15, 2021. Defendant
filed an opposition on February 25, 2021 and Plaintiff replied on March 3,
2021. Discussion Plaintiff moves
pursuant to Code of Civil Procedure section 2033.280, which mandates that
“[i]f a party to whom requests for admission are directed fails to serve a
timely response” the propounding party may move for an “order that the
genuineness of any documents and the truth of any matters specified in the
requests be deemed admitted.” (Code Civ. Proc., § 2033.280, subd. (b).) The
Court must enter the order unless “the party to whom the requests for admission
have been directed has served, before the hearing on the motion, a proposed
response to the requests for admission that is in substantial compliance with
Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).) Plaintiff contends
that the responses served on June 24, 2020 were unverified and tantamount to no
response at all. (Citing Appleton v. Superior Court (1988) 206
Cal.App.3d 632, 636.) Defendant argues in opposition that response Nos. 2-9
were “hybrid” or full objection responses for which the objection portion need
not be verified. Responses Nos. 2-9 served by Defendant were in fact hybrid
responses; only response No. 1 was an unverified admission. (Opp., Patel Decl.,
Exh. A.) “Hybrid” responses,
which contain both an objection and fact-based statement, do not need a
verification as to the objection portion. (Food 4 Less Supermarkets, Inc. v.
Superior Court (1995) 40 Cal.App.4th 651, 657-658.) Similarly, a response
that contains only objections does not need a verification. (Id. at 656;
Code Civ. Proc., § 2033.240, subd. (a).) While the factual statements in the
responses are essentially non-responses because they are not verified, the
objections are valid responses and require no verification. Therefore,
Defendant did timely serve responses to Requests for Admission, Nos. 2-9. Only
the response to Request No. 1 was “tantamount to no response at all.” (Appleton,
supra, 206 Cal.App.3d 636.) Therefore, Plaintiff is entitled to an order deeming the
Requests for Admission admitted as to Request
No. 1. (Code Civ. Proc., § 2033.280.) Additionally, sanctions are
required under Code of Civil Procedure sections 2033.280, and have been
properly noticed against Defendant Dylan Gene Sampsel in the amount of $460. (Motion,
Reese Decl., ¶¶9-11.) Based on the
foregoing, Plaintiff State Farm Mutual Automobile Insurance Company’s
Motion to Deem Requests for Admission Admitted and Request for Sanctions Against
Defendant Dylan Lee Gene Sampsel is
DENIED AS TO REQUEST NOS. 2-9 AND
GRANTED AS TO REQUEST NO. 1. THE REQUEST FOR SANCTIONS IS GRANTED which are to
be paid within 30 days of service of this order to Plaintiff. Plaintiff to give notice.
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