This case was last updated from Los Angeles County Superior Courts on 06/20/2021 at 04:35:38 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ERIC SIERRA

Case Summary

On 12/20/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ERIC SIERRA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1609

  • Filing Date:

    12/20/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

SIERRA ERIC

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant Attorney

NASSER MATTHEW

 

Court Documents

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

2/16/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

2/16/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/16/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

2/16/2021: Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

3/29/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Request for Dismissal - Request for Dismissal

6/1/2021: Request for Dismissal - Request for Dismissal

Proof of Service by Mail - Proof of Service by Mail

6/1/2021: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

1/21/2020: Proof of Personal Service - Proof of Personal Service

Demand for Jury Trial - Demand for Jury Trial

2/13/2020: Demand for Jury Trial - Demand for Jury Trial

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

2/13/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

2/13/2020: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

12/20/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/20/2019: Complaint - Complaint

Summons - Summons on Complaint

12/20/2019: Summons - Summons on Complaint

Declaration (name extension) - Declaration DECLARATION OF VENUE

12/20/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

First Amended Standing Order - First Amended Standing Order

12/20/2019: First Amended Standing Order - First Amended Standing Order

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

12/20/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 06/03/2021
  • DocketNon-Jury Trial scheduled for 06/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/03/2021

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  • 06/03/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/23/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/03/2021

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  • 06/01/2021
  • DocketProof of Service by Mail; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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  • 06/01/2021
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 12/20/2019, entered Request for Dismissal with prejudice filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as to the entire action

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  • 03/29/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 03/29/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/29/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/29/2021; Result Type to Held - Motion Granted

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  • 02/16/2021
  • DocketMotion to Deem RFA's Admitted; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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  • 02/16/2021
  • DocketDeclaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 02/16/2021
  • DocketMemorandum of Points & Authorities; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 02/16/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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4 More Docket Entries
  • 01/21/2020
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant); Service Date: 01/18/2020; Service Cost: 89.50; Service Cost Waived: No

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  • 12/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/23/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/23/2019
  • DocketNon-Jury Trial scheduled for 06/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/23/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 12/20/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/20/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/20/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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  • 12/20/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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  • 12/20/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

    Read MoreRead Less
  • 12/20/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ERIC SIERRA (Defendant)

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Tentative Rulings

Case Number: 19STLC11609    Hearing Date: March 29, 2021    Dept: 25

HEARING DATE: Mon., March 29, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Insurance Co. v. Sierra

CASE NUMBER: 19STLC11609 COMPL. FILED: 12-20-19

NOTICE: OK DISC. C/O: 05-19-21

DISC. MOT. C/O: 06-03-21

TRIAL DATE: 06-18-21

PROCEEDINGS: MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $360.00 to be paid to Plaintiff’s counsel within thirty (30) days of service of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 25, 2021 [ ] Late [X] None

REPLY: None filed as of March 25, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 20, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Eric Sierra (“Defendant”). Defendant filed an Answer on February 13, 2020.

Plaintiff filed the instant Motion to Deem Requests for Admissions Admitted (the “Motion”). No opposition was filed.

  1. Legal Standard & Discussion

A. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting 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, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Plaintiff served Requests for Admissions, Set One, on Defendant on February 25, 2020 via regular mail. (Mot., Espinosa Decl., ¶ 1.) Although not statutorily required, Plaintiff’s counsel emailed Defendant’s counsel a meet and confer letter on June 30, 2020. (Id. at ¶ 4, Exh. B.) As of the date of this Motion, Defendant had not served any responses. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant. (Code Civ. Proc., § 2033.280.)

B. Request for Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendant’s failure to respond to Plaintiff’s discovery requests a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction on Defendant for his failure to respond to the Requests for Admission under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel requests a total of $460.00, based on two hours of attorney time billed at $200.00 per hour and one filing fee. (Mot., Espinosa Decl., ¶¶ 6-8.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $360.00, based on 1.5 hours of attorney time and one filing fee, to be reasonable. Defendant is to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $360.00 to be paid to Plaintiff’s counsel within thirty (30) days of service of this order.

Moving party is ordered to give notice.

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