This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 01:16:49 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JOHNATHAN CANTU BRIONES

Case Summary

On 04/16/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JOHNATHAN CANTU BRIONES. 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:

    *******3731

  • Filing Date:

    04/16/2019

  • 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

BRIONES JOHNATHAN CANTU

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

Defendant Attorneys

YEE DOUGLAS S.

PEHLEVANIAN MICHAEL Z.

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/13/2020: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice OF CONTINUANCE

8/13/2020: Notice (name extension) - Notice OF CONTINUANCE

Minute Order - Minute Order (Court Order)

8/21/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/21/2020

8/21/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/21/2020

Separate Statement - Separate Statement

9/3/2020: Separate Statement - Separate Statement

Opposition (name extension) - Opposition TO PLAINTIFF MOTION TO COMPEL DEFENDANT RESPONSES

9/3/2020: Opposition (name extension) - Opposition TO PLAINTIFF MOTION TO COMPEL DEFENDANT RESPONSES

Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel Responses to Form Interrogatories

9/8/2020: Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel Responses to Form Interrogatories

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel; Hearing on Motio...)

9/17/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel; Hearing on Motio...)

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

7/15/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

8/6/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

1/27/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

12/12/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Association of Attorney - Association of Attorney

11/6/2019: Association of Attorney - Association of Attorney

Order (name extension) - Order ON REQUEST TO OPT

8/19/2019: Order (name extension) - Order ON REQUEST TO OPT

Proof of Service by Substituted Service - Proof of Service by Substituted Service

6/20/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

7/18/2019: Answer - Answer

Complaint - Complaint

4/16/2019: Complaint - Complaint

Summons - Summons on Complaint

4/16/2019: Summons - Summons on Complaint

14 More Documents Available

 

Docket Entries

  • 04/19/2022
  • Hearing04/19/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/03/2021
  • Hearing03/03/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 09/17/2020
  • DocketUpdated -- Motion to Be Relieved as Counsel: Filed By: Johnathan Cantu Briones (Defendant); Result: Granted; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketUpdated -- Motion to Compel Further Discovery Responses: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel; Hearing on Motio...)

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  • 09/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/17/2020; Result Type to Held - Motion Granted

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  • 09/17/2020
  • DocketHearing on Motion to Compel Responses to Form Interrogatories scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/17/2020; Result Type to Held - Motion Granted

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  • 09/16/2020
  • DocketNotice of Ruling; Filed by: Johnathan Cantu Briones (Defendant)

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  • 09/08/2020
  • DocketReply Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel Responses to Form Interrogatories; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/03/2020
  • DocketOpposition TO PLAINTIFF MOTION TO COMPEL DEFENDANT RESPONSES; Filed by: Johnathan Cantu Briones (Defendant)

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23 More Docket Entries
  • 07/18/2019
  • DocketRequest to Opt Out of Mandatory Expedited Jury Trial Procedures; Filed by: Johnathan Cantu Briones (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 06/20/2019
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Johnathan Cantu Briones (Defendant); Proof of Mailing Date: 05/22/2019; Service Cost: 75.50; Service Cost Waived: No

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  • 04/18/2019
  • DocketNon-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/18/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/18/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/16/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Johnathan Cantu Briones (Defendant)

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  • 04/16/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Johnathan Cantu Briones (Defendant)

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  • 04/16/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Johnathan Cantu Briones (Defendant)

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  • 04/16/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/16/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC03731    Hearing Date: September 17, 2020    Dept: 26

MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Further Responses to Form Interrogatories and Request for Sanctions is GRANTED. DEFENDANT JONATHAN CANTU BRIONES IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSES, WITHOUT OBJECTION, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $660.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jonathan Cantu Briones (“Defendant”) on April 16, 2019. On July 18, 2019, Defendant filed an Answer to the Complaint. Defense counsel filed a motion to be relieved as counsel on December 12, 2019, which is currently set for hearing on September 17, 2020.

Plaintiff filed the instant Motion to Compel Defendant’s Further Responses to First Set of Special Interrogatories. The Motion is erroneously titled “Motion to Compel Responses.” On September 3, 2020, Defendant filed an opposition and Plaintiff replied on September 8, 2020.

Discussion

Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Defendant’s initial responses were served by mail on March 6, 2020. (Motion, Taylor Decl., ¶7.) The parties agreed that the time to bring the Motion would be extended to May 29, 2020. (Id. at ¶¶11-12 and Exh. 3.) The notice of motion and motion to compel further were timely served on May 29, 2020. (Motion, POS.)

The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Plaintiff filed a meet and confer declaration that shows multiple extensions of the time to respond were provided to Defendant and explaining the need for responses beyond boilerplate objections. (Motion, Taylor Decl., ¶¶5-11 and Exhs. 1-2.) Therefore, the meet and confer requirement is satisfied.

Cal. Rules of Court Rule 3.1345 requires all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The separate statement is attached to the Motion itself.

Plaintiff has demonstrated that it is entitled to further responses to the Form Interrogatories from Defendant. Defendant’s initial responses consist solely of identical, boilerplate objections to standard discovery requests. (Motion, Separate Statement.) In opposition, Defendant does not contend that further responses are not warranted. The opposition is brought by defense counsel on the grounds that it has been unable to locate Defendant and should be given further time to do so. (Opp., Zaiderman Decl., ¶¶2-7.) The opposition also erroneously argues that an informal discovery conference should have been conducted prior to the filing of this Motion. Informal discovery conferences are only

mandated for personal injury cases, which are defined as unlimited civil cases. (Fifth Amended General Order Re Personal Injury Court Procedures (Sep. 18, 2015), ¶1; Standing Order Re: Personal Injury Procedures Central District (Sep. 26, 2019), ¶1.) As this is a limited jurisdiction case, an informal discovery conference is not required.

The opposition has not demonstrated a basis to continue the Motion. There is nothing in the opposing declaration to show that defense counsel is any closer to effective communication with its client than when the discovery responses were served almost a year ago. (Opp., Zaiderman Decl., ¶¶2-7.) Defendant’s failure to respond to the discovery appears willful given his refusal to communicate with defense counsel about this action. Therefore, Plaintiff is entitled to an order compelling Defendant’s further responses to the Form Interrogatories, Set One.

Plaintiff is also entitled to an award of sanctions pursuant to Code of Civil Procedure section 2030.210 and 2023.010. The sanctions are properly noticed and reasonable in the amount requested. Sanctions are awarded in the amount of $660.00 based on two hours of attorney time billed at $300.00 per hour, plus the $60.00 filing fee. (Motion, Taylor Decl., ¶14.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Compel Further Responses to Form Interrogatories and Request for Sanctions is GRANTED. DEFENDANT JONATHAN CANTU BRIONES IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSES, WITHOUT OBJECTION, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $660.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC Rule 3.1362)

TENTATIVE RULING

Douglas S. Yee, Esq.’s Motion to Withdraw as Counsel for Defendant Johnathan Cantu Briones is GRANTED. PROPOSED ORDERS HAVE BEEN SUBMITTED. RULING TO BE EFFECTIVE UPON FILING OF PROOF OF SERVICE OF CORRECTED AND SIGNED ORDER UPON ALL PARTIES.

Case Number: 19STLC03731    Hearing Date: August 06, 2020    Dept: 26

State Farm v. Briones, et al.

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC Rule 3.1362)

TENTATIVE RULING

Douglas S. Yee, Esq.’s Motion to Withdraw as Counsel for Defendant Johnathan Cantu Briones is CONTINUED TO SEPTEMBER 17, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

MOVING PARTY TO FILE PROOF OF SERVICE DEMONSTRATING NOTICE OF THE CONTINUED HEARING DATE ON ALL PARTIES.

Moving party to give notice to client and all parties.