This case was last updated from Los Angeles County Superior Courts on 10/13/2020 at 12:25:22 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GREGORY ESCALERA

Case Summary

On 11/08/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against GREGORY ESCALERA. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3873

  • Filing Date:

    11/08/2018

  • 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

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

ESCALERA GREGORY

Attorney/Law Firm Details

Plaintiff Attorney

LOURO JENNY ROSE

Defendant Attorneys

HITCHCOCK MEGAN C.

HOSMER ROBYN S.

 

Court Documents

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

9/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

8/4/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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

7/28/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration of Isaac S. Agyeman in Support of Defendant Gregory Escalera's Opposition to Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Deem Reques

7/22/2020: Declaration (name extension) - Declaration of Isaac S. Agyeman in Support of Defendant Gregory Escalera's Opposition to Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Deem Reques

Opposition (name extension) - Opposition Defendant Gregory Escalera's Opposition to Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Deem Requests for Admissions

7/22/2020: Opposition (name extension) - Opposition Defendant Gregory Escalera's Opposition to Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Deem Requests for Admissions

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

6/29/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice (name extension) - Notice OF HEARING

6/29/2020: Notice (name extension) - Notice OF HEARING

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/20/2020

5/20/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/20/2020

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

5/20/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Declaration (name extension) - Declaration DECLARATION OF BREANNE L. REESE

5/20/2020: Declaration (name extension) - Declaration DECLARATION OF BREANNE L. REESE

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

4/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Association of Attorney - Association of Attorney

1/28/2020: Association of Attorney - Association of Attorney

Answer - Answer

5/3/2019: Answer - Answer

Complaint - Complaint

11/8/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/8/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Declaration (name extension) - Declaration of Venue

11/8/2018: Declaration (name extension) - Declaration of Venue

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

11/8/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/8/2018: First Amended Standing Order - First Amended Standing Order

16 More Documents Available

 

Docket Entries

  • 08/09/2021
  • Hearing08/09/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 09/23/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 08/09/2021 08:30 AM

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  • 09/23/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/12/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/23/2020

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  • 09/15/2020
  • DocketNon-Jury Trial scheduled for 10/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/15/2020
  • DocketNon-Jury Trial scheduled for 04/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/15/2020

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  • 09/02/2020
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/02/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Escalera (Defendant)

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  • 08/04/2020
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 08/04/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 08/04/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/04/2020; Result Type to Held - Motion Granted

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20 More Docket Entries
  • 04/10/2019
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Escalera (Defendant); Proof of Mailing Date: 04/01/2019; Service Cost: 89.50; Service Cost Waived: No

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  • 11/15/2018
  • DocketNon-Jury Trial scheduled for 05/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/15/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/08/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Escalera (Defendant)

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  • 11/08/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 11/08/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/08/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/08/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/08/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 11/08/2018
  • DocketDeclaration of Venue; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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Tentative Rulings

Case Number: 18STLC13873    Hearing Date: August 04, 2020    Dept: 26

State Farm v. Escalera, 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 Gregory Escalera is GRANTED. DEFENDANT IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On June 18, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Gregory Escalera (“Defendant”). (Motion, Reese Decl., Exh. A.) On September 5, 2019, Defendant served unverified responses to the Requests for Admission. (Id. at Exh. B.) Plaintiff sent a meet and confer letters to defense counsel and extended the deadline to serve responses. (Id. at p. 2:1-5.) As of the filing of the instant Motion to Deem Requests for Admission on May 20, 2020, Plaintiff has not received verified responses to the discovery requests propounded on Defendant. (Id. at p. 2:7.)

On July 22, 2020, Defendant filed an opposition and Plaintiff replied on July 28, 2020. The opposition explains that defense counsel has not been able to obtain verified responses from Defendant, who is unresponsive to attempts at communication. (Opp., Agyeman Decl., ¶¶7-8.) Specifically, defense counsel hired a private investigator who determined that Defendant is a former marine who has suffered a traumatic brain injury. (Ibid.) Defendant is currently “mentally unstable, unresponsive to efforts to speak with him and has cut off contact with his only family member, his wife, who he is legally separate from.” (Id. at ¶8 and Exh. D.) Defense counsel made Plaintiff’s counsel aware of the situation and contends that Plaintiff’s counsel admitted that the amended responses served on July 14, 2020 make the instant Motion moot. (Id. at Exh. B.)

In reply, however, Plaintiff does not contend the Motion is moot nor does Plaintiff withdraw the Motion. The Court also does not find the amended responses served on July 14, 2020 are not in substantial compliance with the requirements of Code of Civil Procedure section 2033.240. Although the amended responses contain objections, the objections were improperly asserted because the responses were never timely served. (Code Civ. Proc., § 2033.280, subd. (a).) Due to Defendant’s failure to serve verified responses to the discovery propounded by Plaintiff, the requests for admission are deemed admitted.

The Court also finds the failure to respond a misuse of the discovery process. Sanctions are mandatory under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted against Defendant 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. (Id. at p. 2:8-11.)

Based on the foregoing, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Gregory Escalera is GRANTED. DEFENDANT IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.