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.
*******3873
11/08/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
ESCALERA GREGORY
LOURO JENNY ROSE
HITCHCOCK MEGAN C.
HOSMER ROBYN S.
AGYEMAN ISAAC S.
STRAUS MARVIN JONATHON
9/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/4/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)
7/28/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
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
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
6/29/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
6/29/2020: Notice (name extension) - Notice OF HEARING
5/20/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/20/2020
5/20/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
5/20/2020: Declaration (name extension) - Declaration DECLARATION OF BREANNE L. REESE
4/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
1/28/2020: Association of Attorney - Association of Attorney
5/3/2019: Answer - Answer
11/8/2018: Complaint - Complaint
11/8/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
11/8/2018: Declaration (name extension) - Declaration of Venue
11/8/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/8/2018: First Amended Standing Order - First Amended Standing Order
Hearing08/09/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
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
DocketNon-Jury Trial scheduled for 10/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26
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
DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Escalera (Defendant)
DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)
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
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
DocketNon-Jury Trial scheduled for 05/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Gregory Escalera (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketDeclaration of Venue; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
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.