This case was last updated from Los Angeles County Superior Courts on 10/06/2021 at 04:56:06 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JOSE MARTINEZ, ET AL.

Case Summary

On 01/22/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JOSE MARTINEZ. 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:

    *******0648

  • Filing Date:

    01/22/2020

  • 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

Defendants

JOSE ESCOBAR AKA JOSE GODINEZ

MARTINEZ JOSE

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant Attorney

OLSON SONALI

 

Court Documents

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

8/20/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

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

11/4/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service Amended

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

4/27/2021: Declaration (name extension) - Declaration OF CHRISTOPHER D ANDERSON ESQ ISO MOTION TO DEEM RFA'S ADMITTED

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

4/27/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/27/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

4/27/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

4/27/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/27/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Opposition (name extension) - Opposition to Plaintiff's Motion to Deem Matters Admitted; Points and Authorities; Declaration of Rajeev S. Patel

5/25/2021: Opposition (name extension) - Opposition to Plaintiff's Motion to Deem Matters Admitted; Points and Authorities; Declaration of Rajeev S. Patel

Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM MATTERS ADMITTED

6/1/2021: Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM MATTERS ADMITTED

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

6/1/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial

6/8/2021: Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

6/8/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

6/9/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Complaint - Complaint

1/22/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/22/2020: Summons - Summons on Complaint

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

1/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 01/25/2023
  • Hearing01/25/2023 at 08:30 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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  • 03/28/2022
  • Hearing03/28/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/09/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 07/21/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 03/28/2022 08:30 AM

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  • 06/09/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 06/09/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 06/09/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/09/2021; Result Type to Held - Motion Denied

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  • 06/08/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 06/08/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 06/08/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/08/2021; Result Type to Held - Motion Denied

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  • 06/01/2021
  • DocketReply TO OPPOSITION TO MOTION TO DEEM MATTERS ADMITTED; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 06/01/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSE MARTINEZ (Defendant); ESCOBAR JOSE (Defendant)

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  • 05/25/2021
  • DocketOpposition to Plaintiff's Motion to Deem Matters Admitted; Points and Authorities; Declaration of Rajeev Patel; Filed by: JOSE MARTINEZ (Defendant)

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16 More Docket Entries
  • 08/20/2020
  • DocketUpdated -- Amendment to Complaint (Fictitious/Incorrect Name): Status changed from Filed to Signed and Filed

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  • 01/22/2020
  • DocketNon-Jury Trial scheduled for 07/21/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/25/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/22/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSE MARTINEZ (Defendant); ESCOBAR JOSE (Defendant)

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  • 01/22/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSE MARTINEZ (Defendant); ESCOBAR JOSE (Defendant)

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  • 01/22/2020
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSE MARTINEZ (Defendant); ESCOBAR JOSE (Defendant)

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  • 01/22/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSE MARTINEZ (Defendant); ESCOBAR JOSE (Defendant)

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  • 01/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC00648    Hearing Date: June 8, 2021    Dept: 26

State Farm v. Martinez, 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 Jose Martinez and Request for Sanctions is DENIED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Jose Martinez (“Defendant Martinez”) on December 23, 2020. (Motion, Anderson Decl., Exh. A.) Following multiple extensions of the time to respond, Defendant Martinez served unverified responses on March 3, 2021, the last agreed upon deadline. (Id. at ¶¶2-7.) Plaintiff’s counsel sought to meet and confer again but, to date, no verified responses have been served. (Id. at ¶¶8-9 and Exh. B.)

Plaintiff filed the instant Motion to Deem Requests for Admission Admitted and Request for Sanctions on April 27, 2021. Defendant Martinez filed an opposition on May 25, 2021 and Plaintiff replied on June 1, 2021.

Discussion

Plaintiff moves pursuant to Code of Civil Procedure section 2033.280, which mandates that “[i]f a party to whom requests for admission are directed fails to serve a timely response” the propounding party may move for an “order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.” (Code Civ. Proc., § 2033.280, subd. (b).) The Court must enter the order unless “the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff contends that the responses served on March 3, 2021 were unverified and tantamount to no response at all. (Citing Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Defendant Martinez argues in opposition that the responses were “hybrid” responses containing objections and admissions/denials, and the objection portion did not have to be verified. (Opp., Patel Decl., Exh. A.)

“Hybrid” responses, which contain both an objection and fact-based statement, do not need a verification as to the objection portion. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657-658.) Similarly, a response that contains only objections does not need a verification. (Id. at 656; Code Civ. Proc., § 2033.240, subd. (a).) While the factual statements in the responses are essentially non-responses because they are not verified, the objections are valid responses and require no verification. (Appleton, supra, 206 Cal.App.3d 636.) Therefore, Defendant Martinez did timely serve responses to the Requests for Admission.

To the extent Plaintiff argues that Defendant Martinez’s objections were not made in good faith, this is a matter to be raised on a motion to compel further responses. (See Code Civ. Proc., § 2033.290, subd. (a).) Nor has Plaintiff shown why the responses to Requests for Admission Nos. 1-3 do not fall under the “hybrid response” rule even though they contain admissions.

Based on the foregoing, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions Against Defendant Jose Martinez is DENIED.

Defendant Martinez to give notice.

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