STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS GREGORY ESCALERA

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.