This case was last updated from Los Angeles County Superior Courts on 03/20/2021 at 00:11:17 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GLORIA JANNETTE MORALES, ET AL.

Case Summary

On 09/19/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against GLORIA JANNETTE MORALES. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8654

  • Filing Date:

    09/19/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Insurance

  • 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

MORALES GLORIA JANNETTE

HERTZ VEHICLES LLC

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD L.

Defendant Attorney

LOPEZ STEVE

 

Court Documents

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/15/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Request for Dismissal - Request for Dismissal

6/8/2020: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Judicial Notice - Request for Judicial Notice

9/28/2020: Request for Judicial Notice - Request for Judicial Notice

Declaration (name extension) - Declaration Declaration of Steve Lopez

9/28/2020: Declaration (name extension) - Declaration Declaration of Steve Lopez

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

9/28/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Stipulation and Order (name extension) - Stipulation and Order Stipulation to Set Aside Default

2/8/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Set Aside Default

Answer - Answer

2/10/2021: Answer - Answer

Request for Dismissal - Request for Dismissal

3/11/2021: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/9/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

10/25/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

9/19/2019: Complaint - Complaint

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

9/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

9/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/19/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

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

4 More Documents Available

 

Docket Entries

  • 03/12/2021
  • 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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  • 03/12/2021
  • DocketNon-Jury Trial scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/12/2021

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  • 03/12/2021
  • 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 26 Not Held - Vacated by Court on 03/12/2021

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  • 02/10/2021
  • DocketAnswer; Filed by: Gloria Jannette Morales (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 02/08/2021
  • DocketStipulation and Order Stipulation to Set Aside Default; Signed and Filed by: Gloria Jannette Morales (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 02/08/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/08/2021 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 02/08/2021

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  • 02/08/2021
  • DocketUpdated -- Gloria Jannette Morales (Defendant): First Name changed from Gloria to Gloria

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  • 09/29/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/08/2021 at 09:00 AM in Spring Street Courthouse at Department 26

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  • 09/28/2020
  • DocketDeclaration Declaration of Steve Lopez; Filed by: Gloria Jannette Morales (Defendant)

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  • 09/28/2020
  • DocketRequest for Judicial Notice; Filed by: Gloria Jannette Morales (Defendant)

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7 More Docket Entries
  • 12/09/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Hertz Vehicles LLC (Defendant)

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  • 10/25/2019
  • DocketProof of Personal Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); Service Cost Waived: No

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

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

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  • 09/19/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gloria Jannette Morales (Defendant); Hertz Vehicles LLC (Defendant)

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  • 09/19/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gloria Jannette Morales (Defendant); Hertz Vehicles LLC (Defendant)

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  • 09/19/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gloria Jannette Morales (Defendant); Hertz Vehicles LLC (Defendant)

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  • 09/19/2019
  • 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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  • 09/19/2019
  • DocketNon-Jury Trial scheduled for 03/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/19/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC08654    Hearing Date: February 08, 2021    Dept: 26


Case Number: 19STLC11558    Hearing Date: February 08, 2021    Dept: 26

Flores v. Botanica Oshum, Inc., et al.

MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE; FORM INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP §§ 93(e), 2030.300, 2023.010)

TENTATIVE RULING:

Plaintiff Salvador Flores’ Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions are PLACED OFF CALENDAR.

Plaintiff Salvador Flores’ Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions is CONTINUED TO APRIL 5, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 20, 2019, pro se Plaintiff Salvador Flores (“Plaintiffs”) filed the instant action against Defendants Botanica Oshum, Inc. (erroneously sued as Botanica Oshun, Inc.) and Ivonne E. Espinoza (“Defendants”). No proof of service of the Summons and Complaint has been filed as to either Defendant. Defendant Botanica Oshum filed its Answer on January 29, 2020; Defendant Espinoza has not filed a responsive pleading.

On July 30, 2020, Plaintiff filed the instant (1) Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions; (2) Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and (3) Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions. To date, no opposition has been filed.

Discussion

There are procedural issues with this action and the Motions. First, there is no proof of service of the Summons and Complaint as to Defendant Espinoza, nor has she filed a responsive pleading. Therefore, the Court has no jurisdiction over Defendant Espinoza and no authority to compel her responses to the Case Questionnaire.

Additionally, the Motions are not accompanied by any proof of service demonstrating that Defendants were given notice of the Motions and hearing date. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot grant the Motions without compliance with the statutory notice requirements.

Finally, the Motions do not include correct statutory references. For example, the Motions to Compel Responses to Case Questionnaires only refer to Code of Civil Procedure section 2023.030, which pertains to discovery sanctions, but do not address the Court’s authority to compel responses. The Motion to Compel Responses to Form Interrogatories cites Code of Civil Procedure section 2031.020, which refers to a party’s right to make a demand for inspection.

Based on the foregoing, the Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions are PLACED OFF CALENDAR. The Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions is CONTINUED TO APRIL 5, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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