This case was last updated from Los Angeles County Superior Courts on 07/11/2020 at 21:58:48 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS EMANUEL DIAZ, ET AL.

Case Summary

On 09/25/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against EMANUEL DIAZ. 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:

    *******8838

  • Filing Date:

    09/25/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

DIAZ EMANUEL

DIAZ ANDRES

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant Attorneys

HAMBARCHYAN ARIN

VAN RACHEL NGOC-HANH

SIMS MARY T.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 07/09/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Substitution of Attorney - Substitution of Attorney

3/9/2020: Substitution of Attorney - Substitution of Attorney

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

3/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

3/3/2020: Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

3/3/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

3/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Memorandum of Points & Authorities - Memorandum of Points & Authorities

3/3/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

3/3/2020: Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Answer - Answer

11/26/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

10/15/2019: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration DECLARATION OF VENUE

9/25/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

Civil Case Cover Sheet - Civil Case Cover Sheet

9/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/25/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/25/2019: First Amended Standing Order - First Amended Standing Order

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

9/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 09/28/2022
  • Hearing09/28/2022 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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  • 03/24/2021
  • Hearing03/24/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/09/2020
  • DocketUpdated -- Motion to Deem RFA's Admitted: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted; Result Date: 07/09/2020

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  • 07/09/2020
  • DocketUpdated -- Motion to Deem RFA's Admitted: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted; Result Date: 07/09/2020

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  • 07/09/2020
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 07/09/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 07/09/2020; Filed by: Clerk

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  • 07/09/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 07/09/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/09/2020; Result Type to Held - Motion Granted

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  • 06/24/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Deem Request for Admissions Admitted scheduled for 07/09/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 06/24/2020

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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17 More Docket Entries
  • 10/15/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ANDRES DIAZ (Defendant); Service Date: 10/07/2019; Service Cost: 89.50; Service Cost Waived: No

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  • 09/26/2019
  • DocketNon-Jury Trial scheduled for 03/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/26/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/25/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EMANUEL DIAZ (Defendant); ANDRES DIAZ (Defendant)

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  • 09/25/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EMANUEL DIAZ (Defendant); ANDRES DIAZ (Defendant)

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  • 09/25/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EMANUEL DIAZ (Defendant); ANDRES DIAZ (Defendant)

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  • 09/25/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EMANUEL DIAZ (Defendant); ANDRES DIAZ (Defendant)

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  • 09/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC08838    Hearing Date: July 09, 2020    Dept: 26

State Farm v. Diaz, et al

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motions to Deem Requests for Admission Admitted Against Defendants Emmanuel Diaz and Andres Diaz are GRANTED. EACH DEFENDANT IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On December 9, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions, Set One, on Defendants Emmanuel Diaz (“Defendant Emmanuel”) and Andres Diaz (“Defendant Andres”). (Motions, Reese Decl., Exh. A.) Having not received verified responses to the discovery, Plaintiff filed the instant Motions to Deem the Truth of Matters Specified in Requests for Admissions as Admitted and for Monetary Sanctions against Defendants Emmanuel and Andres (“the Motions”) on March 3, 2020. Counsel for Defendant Emmanuel filed an opposing declaration on April 10, 2020.

Discussion

Defendant Andres has not provided verified responses to the discovery propounded by Plaintiff on December 9, 2019. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Based on Defendant Andres’ failure to provide verified responses to the Requests for Admission, Set One, the Motion to deem those admissions against him are granted.

Counsel for Defendant Emmanuel submits a declaration stating that his verified responses to the Requests for Admission, Set One, were served on Plaintiff on March 18, 2020. (Opp., Sims Decl., ¶2.) Based on this representation, the opposing declaration asks the Court to take the Motion against Defendant Emmanuel off calendar and deny the request for sanctions. Under Code of Civil Procedure section 2033.280, subdivision (c), the Court is required to deem unanswered requests for admission admitted “unless it finds that 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).) The opposing declaration does not demonstrate that the responses served on Plaintiff were in substantial compliance with the requirements of Code of Civil Procedure section 2033.220. No copy of the responses is attached to the declaration, nor does the declaration state that the responses comply with the statutory requirements. Additionally, no papers have been submitted by Plaintiff regarding the responses. Therefore, the Court cannot make a finding that the responses served by Defendant Emmanuel were in substantial compliance with the requirements of Code of Civil Procedure section 2033.220. The Motion to deem those the requests for admissions against Defendant Emmanuel is also granted.

Finally, it is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated a motion under Code of Civil Procedure section 2033.280. (Code Civ. Proc., § 2033.280, subd. (c).) Sanctions are granted against each Defendants Emmanuel and Andres in the amount of $260.00, based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Reese Decl., ¶ at p. 2:4-7.)

Plaintiff State Farm Mutual Automobile Insurance Company’s Motions to Deem Requests for Admission Admitted Against Defendants Emmanuel Diaz and Andres Diaz are GRANTED. EACH DEFENDANT IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.