On 09/24/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against GUILLERMO LEDEZMAN, JR. 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.
*******2124
09/24/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
LEDEZMAN GUILLERMO JR.
LOURO JENNY ROSE
VELLA LOUIS J.
2/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
2/3/2020: Declaration (name extension) - Declaration OF BREANNE L REESES ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED
2/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
2/3/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
2/27/2020: Declaration (name extension) - Declaration of Louis J. Vella Esq. Regarding Plaintiff's Motion to Deem Request for Admissions Admitting
3/11/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
3/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/13/2019: Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF ORDER PERMITTING SERVICE BY PUBLICATION
2/13/2019: Application for Publication - Application for Order to Publish for Guillermo
2/13/2019: Affidavit (name extension) - Affidavit OF MERIT
2/13/2019: Declaration (name extension) - Declaration OF KYLE CREASEY IN SUPPORT OF ORDER PERMITTING SERVICE BY PUBLICATION
6/3/2019: Order for Publication - Order for Publication for Guillermo
7/1/2019: Answer - Answer
7/9/2019: Proof of Publication - Proof of Publication
9/24/2018: Complaint
9/24/2018: Summons - on Complaint
9/24/2018: Civil Case Cover Sheet
9/24/2018: Notice of Case Assignment - Limited Civil Case
Hearing03/09/2021 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
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/27/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/28/2020
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/08/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 03/09/2021 08:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 03/23/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/08/2020 08:30 AM
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: Guillermo Ledezman, Jr. (Defendant)
DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)
DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/02/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/02/2020; Result Type to Held - Motion Granted
DocketUpdated -- Application for Order to Publish for Guillermo: As To Parties changed from Guillermo Ledezman, Jr. (Defendant) to Guillermo Ledezman, Jr. (Defendant); Status changed from Rejected to Filed
DocketDeclaration OF KYLE CREASEY IN SUPPORT OF ORDER PERMITTING SERVICE BY PUBLICATION; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketDeclaration OF BREANNE L REESE ESQ IN SUPPORT OF ORDER PERMITTING SERVICE BY PUBLICATION; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 03/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Guillermo Ledezman, Jr. (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
Case Number: 18STLC12124 Hearing Date: March 02, 2020 Dept: 26
State Farm v. Ledezman, Jr., 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 Guillermo Ledezman, Jr. is GRANTED. DEFENDNT IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
On October 19, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Guillermo Ledezman, Jr. (“Defendant”). (Motion, Reese Decl., Exh. A.) On December 17, 2019, Defendant served unverified responses to the Requests for Admission. (Id. at Exh. B.) Despite providing Defendant with an extension of the time to serve verified responses, to date, Plaintiff has not received verified responses to the discovery requests propounded on Defendant. (Id. at p. 2:1-3.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions Admitted and Request for Monetary Sanctions (the “Motion”) on February 3 31, 2020. To date, no opposition has been filed.
Defendant has not provided verified responses to the discovery propounded by Plaintiff nor filed an opposition to the motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses.
The Court finds the failure to respond a misuse of the discovery process. Sanctions are appropriate 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. 2:4-7.)
Based on the foregoing, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Guillermo Ledezman, Jr. is GRANTED. DEFENDNT IS TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.
Parties may submit via e mail until Monday at 10 a.m.