This case was last updated from Los Angeles County Superior Courts on 08/12/2021 at 21:58:09 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS EVA GINCIG, ET AL.

Case Summary

On 09/19/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against EVA GINCIG. 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:

    *******8690

  • Filing Date:

    09/19/2019

  • 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

Defendants

GINCIG STEVE

GINCIG EVA

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant Attorney

HELLESEN JON E.

 

Court Documents

Demand for Jury Trial - Demand for Jury Trial

1/23/2020: Demand for Jury Trial - Demand for Jury Trial

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

1/23/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/23/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

6/23/2020: Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

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

6/23/2020: 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

6/23/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

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

6/23/2020: Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

Minute Order - Minute Order (Court Order Re: Motions to Deem RFA's Admitted)

7/8/2020: Minute Order - Minute Order (Court Order Re: Motions to Deem RFA's Admitted)

Notice (name extension) - Notice OF HEARING

7/27/2020: Notice (name extension) - Notice OF HEARING

Notice (name extension) - Notice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS

9/18/2020: Notice (name extension) - Notice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS

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

9/18/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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)

Notice of Settlement - Notice of Settlement

2/16/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

2/17/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Request for Dismissal - Request for Dismissal

3/30/2021: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

12/20/2019: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration DECLARATION OF VENUE

9/19/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

First Amended Standing Order - First Amended Standing Order

9/19/2019: First Amended Standing Order - First Amended Standing Order

17 More Documents Available

 

Docket Entries

  • 04/06/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/12/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/06/2021

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  • 03/30/2021
  • DocketOn the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 09/19/2019, entered Request for Dismissal with prejudice filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as to the entire action

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  • 02/17/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/12/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 02/17/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 02/17/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/22/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/17/2021

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  • 02/17/2021
  • DocketNon-Jury Trial scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/17/2021

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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: EVA GINCIG (Defendant); STEVE GINCIG (Defendant)

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  • 02/16/2021
  • DocketUpdated -- Notice of Settlement: Status Date changed from 02/16/2021 to 02/16/2021; As To Parties: removed

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  • 09/21/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted as to Eva Gincig scheduled for 09/21/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/21/2020

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  • 09/21/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted as to Steve Gincig scheduled for 09/21/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/21/2020

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22 More Docket Entries
  • 12/20/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: STEVE GINCIG (Defendant); Service Date: 12/14/2019; Service Cost: 89.50; Service Cost Waived: No

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  • 09/23/2019
  • DocketNon-Jury Trial scheduled for 03/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/23/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/19/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EVA GINCIG (Defendant); STEVE GINCIG (Defendant)

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  • 09/19/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EVA GINCIG (Defendant); STEVE GINCIG (Defendant)

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  • 09/19/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EVA GINCIG (Defendant); STEVE GINCIG (Defendant)

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  • 09/19/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: EVA GINCIG (Defendant); STEVE GINCIG (Defendant)

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  • 09/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC08690    Hearing Date: September 21, 2020    Dept: 25

HEARING DATE: Mon., September 21, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Mutual Automobile Ins. Co. v. Gincig, et al.

CASE NUMBER: 19STLC08690 COMPL. FILED: 09-19-19

NOTICE: OK DISC. C/O: 02-16-21

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

TRIAL DATE: 03-18-21

PROCEEDINGS: MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED (X2)

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 Motions to Deem Requests for Admission Admitted are GRANTED. Plaintiff’s requests for sanctions are also GRANTED in the amount of $320.00 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 September 16, 2020 [ ] Late [X] None

REPLY: None filed as of September 16, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 19, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendants Eva Gincig (“Eva”) and Steve Gincig (“Steve”) (collectively, “Defendants”). On January 23, 2020, Defendants filed a joint Answer.

On June 23, 2020, Plaintiff filed the two instant Motions to Deem Requests for Admission Admitted (the “Motions”). On July 8, 2020, the Court scheduled the Motions for hearing for September 21, 2020. (7/8/20 Minute Order.) Plaintiff gave Defendants notice of the scheduled hearing on July 27, 2020.

To date, Defendants have not filed an opposition.

  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.)

Here, Plaintiff served each Defendant with Requests for Admission, Set One, on February 6, 2020 via regular mail. (Motions, Espinosa Decl., ¶ 1, Exh. A.) Although not statutorily required, Plaintiff’s counsel sent Defendants’ counsel a letter regarding the lack of discovery responses. (Id. at ¶ 2, Exh. B.) To date, Defendants have not provided any responses to the Requests for Admission. (Id.) Thus, Plaintiff is entitled to an order deeming the Requests for Admissions, Sets One, admitted against Defendants. (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 Defendants’ 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 Defendants for their failure to respond to the Request for Admissions under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel requests a total of $920.00, based on four hours of attorney time billed at $200.00 per hour and two filing fees of $60.00. (Motions, Espinosa Decl., ¶ 2.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. The Court finds $320.00, based on one hour of attorney time and two filing fees, to be reasonable. Sanctions are to be paid to Plaintiff’s counsel within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motions to Deem Requests for Admission Admitted are GRANTED. Plaintiff’s requests for sanctions are also GRANTED in the amount of $320.00 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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