This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 02:12:10 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ISMAEL TORRENTO

Case Summary

On 10/07/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ISMAEL TORRENTO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9256

  • Filing Date:

    10/07/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

TORRENTO ISMAEL

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant Attorney

BOYD KURT

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

9/30/2021: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

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

9/30/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

8/12/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Ruling - Notice of Ruling

8/12/2021: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice OF HEARING - AMENDED RE MOTION TO DEEM

7/12/2021: Notice (name extension) - Notice OF HEARING - AMENDED RE MOTION TO DEEM

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

7/7/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED

6/30/2021: Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED

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

5/25/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Declaration (name extension) - Declaration OF CHRISTOPHER D ANDERSON ESQ ISO MOTION TO DEEM RFA'S ADMITTED

5/25/2021: Declaration (name extension) - Declaration OF CHRISTOPHER D ANDERSON ESQ ISO MOTION TO DEEM RFA'S ADMITTED

Memorandum of Points & Authorities - Memorandum of Points & Authorities

5/25/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

5/25/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Personal Service - Proof of Personal Service

9/2/2020: Proof of Personal Service - Proof of Personal Service

Answer - Answer

11/9/2020: Answer - Answer

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

3/9/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

10/7/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Declaration (name extension) - Declaration DECLARATION OF VENUE

10/7/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

Summons - Summons on Complaint

10/7/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

14 More Documents Available

 

Docket Entries

  • 08/11/2022
  • Hearing08/11/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/30/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 09/30/2021
  • DocketStipulation and Order TO CONTINUE TRIAL; Signed and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 09/30/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 11/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 08/11/2022 08:30 AM

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  • 09/30/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/11/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 09/02/2020

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  • 08/12/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 08/12/2021
  • DocketNotice of Ruling; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 08/04/2021
  • DocketUpdated -- Motion for Order Deeming Plaintiff's Requests for Admissions (Set One) Admitted Against the Defendant; Request for Monetary Sanctions: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted; Result Date: 08/04/2021

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  • 08/04/2021
  • DocketMinute Order (Hearing on Motion Motion for Order Deeming Plaintiff's Reques...)

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  • 08/04/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted - Motion for Order Deeming Plaintiff's Requests for Admissions (Set One) Admitted Against the Defendant; Request for Monetary Sanctions scheduled for 08/04/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/04/2021; Result Type to Held - Motion Granted

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17 More Docket Entries
  • 09/02/2020
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant); Service Date: 08/23/2020; Service Cost: 89.50; Service Cost Waived: No

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  • 10/07/2019
  • DocketNon-Jury Trial scheduled for 04/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/07/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 10/07/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 10/07/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 10/07/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: ISMAEL TORRENTO (Defendant)

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  • 10/07/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/07/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/07/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

b'

Case Number: 19STLC09256 Hearing Date: August 4, 2021 Dept: 26

State Farm v. Torrento, et al. 19STLC09256

MOTION\r\nTO DEEM REQUESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS

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(CCP\r\n§§ 2033.280, 2023.010)

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TENTATIVE RULING:\r\n

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Plaintiff State Farm Mutual Automobile Insurance Company’s\r\nMotion to Deem Requests for Admission Admitted and Request for Sanctions is\r\nGRANTED. DEFENDANT ISMAEL TORRENTO IS ORDERED TO PAY SANCTIONS OF $260.00 TO\r\nPLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

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ANALYSIS:

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On February 12, 2021, Plaintiff State Farm Mutual Automobile\r\nInsurance Company (“Plaintiff”) served Requests for Admissions on Defendant\r\nIsmael Torrento (“Defendant”). (Motion, Anderson\r\nDecl., Exh. A.) Plaintiff filed the instant Motion to Deem Requests for\r\nAdmission Admitted (“the Motion”) on May 25, 2021. Defendant filed an\r\nopposition on June 21, 2021 and Plaintiff replied on June 30, 2021. The Motion\r\nwas initially set for hearing on July 8, 2021 and continued prior to being\r\nheard. Defendant filed a supplemental declaration on July 14, 2021.

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There is no requirement for a prior meet and confer effort\r\nbefore a motion to deem requests for admission can be filed. (Code Civ. Proc.,\r\n§ 2033.280.) Further, the motion can be brought any time after the responding\r\nparty fails to provide the responses. (Code Civ. Proc., § 2033.280.) Despite a\r\nmeet and confer effort, Plaintiff did not receive any responses to the\r\ndiscovery requests from Defendant as of the filing of this Motion. (Id. at ¶¶2-4 and Exh. B.) In light of\r\nDefendant’s failure to serve responses, Plaintiff is entitled to an order\r\ndeeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.)\r\nDefendant’s service of unverified responses prior to the hearing does not\r\nrender the Motion moot. (See Opp., Boyd Decl., Exh. A.) Unless the responses\r\ncontain objections, unsworn responses are tantamount to no response at all. (Appleton\r\nv. Superior Court (1988) 206 Cal.App.3d 632, 636.)

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Nor can the Court simply order Defendant to serve\r\nverifications or overrule the objections asserted in the unverified responses,\r\nas Plaintiff requests in its reply. (Reply, p. 2:25-27.) Under the moving\r\nstatute, the Court can only deem the requests for admission admitted. (Code\r\nCiv. Proc., § 2033.280.) Therefore, the requests for admission are deemed\r\nadmitted against Defendant.

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Additionally, sanctions are required pursuant to Code of\r\nCivil Procedure sections 2023.010, 2023.030 and 2033.280, and have been\r\nproperly noticed. Sanctions are granted against Defendant in the amount of\r\n$260.00, based on one hour of attorney time billed at $200.00 per hour, plus\r\nthe $60.00 filing fee. (Motion, Anderson Decl., ¶5.)

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Conclusion

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Plaintiff State Farm Mutual Automobile Insurance Company’s\r\nMotion to Deem Requests for Admission Admitted and Request for Sanctions is\r\nGRANTED. DEFENDANT ISMAEL TORRENTO IS ORDERED TO PAY SANCTIONS OF $260.00 TO\r\nPLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

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Moving party to give notice.

'b"

Case Number: 19STLC09256 Hearing Date: July 8, 2021 Dept: 26

Due to Court's unavailability, Hearing on motion to deem request for admissions admitted is continued to 08/04/2021 at 10:00 a.m."

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