This case was last updated from Los Angeles County Superior Courts on 11/20/2020 at 11:18:54 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JOSHUA BAILEY

Case Summary

On 05/07/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against JOSHUA BAILEY. 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:

    *******4442

  • Filing Date:

    05/07/2019

  • 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

BAILEY JOSHUA

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D

Defendant Attorney

MILLER JENNIFER E

 

Court Documents

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

6/12/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Minute Order - Minute Order (Court Order)

6/12/2020: Minute Order - Minute Order (Court Order)

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

6/29/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice (name extension) - Notice OF HEARING

6/29/2020: Notice (name extension) - Notice OF HEARING

Opposition (name extension) - Opposition TO PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED; DECLARATION OF MICHAEL ZAIDERMAN

9/10/2020: Opposition (name extension) - Opposition TO PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED; DECLARATION OF MICHAEL ZAIDERMAN

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

9/16/2020: Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM ADMISSIONS ADMITTED

Declaration (name extension) - Declaration IN REPLY TO OPPOSITION TO MOTION

9/16/2020: Declaration (name extension) - Declaration IN REPLY TO OPPOSITION TO MOTION

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

9/16/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/23/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice (name extension) - Notice NOTICE OF ASSOCIATION OF ATTORNEY'S

11/22/2019: Notice (name extension) - Notice NOTICE OF ASSOCIATION OF ATTORNEY'S

Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Request to Opt Out of Mandatory Expedited Jury Trial Procedures

7/1/2019: Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Request to Opt Out of Mandatory Expedited Jury Trial Procedures

Demand for Jury Trial - Demand for Jury Trial

7/1/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

7/1/2019: Answer - Answer

Declaration (name extension) - Declaration DECLARATION OF VENUE

5/7/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

Summons - Summons on Complaint

5/7/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/7/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

5/7/2019: First Amended Standing Order - First Amended Standing Order

16 More Documents Available

 

Docket Entries

  • 05/10/2022
  • Hearing05/10/2022 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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  • 06/23/2021
  • Hearing06/23/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/23/2020
  • DocketUpdated -- Motion to Deem RFA's Admitted: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted; Result Date: 09/23/2020

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  • 09/23/2020
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 09/23/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 09/23/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/23/2020; Result Type to Held - Motion Granted

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  • 09/16/2020
  • DocketStipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES]; Filed by: JOSHUA BAILEY (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 09/16/2020
  • DocketReply TO OPPOSITION TO MOTION TO DEEM ADMISSIONS ADMITTED; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 09/16/2020
  • DocketDeclaration IN REPLY TO OPPOSITION TO MOTION; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 09/16/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant)

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  • 09/16/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 11/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 06/23/2021 08:30 AM

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18 More Docket Entries
  • 06/12/2019
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant); Proof of Mailing Date: 06/10/2019; Service Cost: 89.50; Service Cost Waived: No

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  • 05/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/10/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/08/2019
  • DocketNon-Jury Trial scheduled for 11/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/08/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 05/07/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/07/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/07/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant)

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  • 05/07/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant)

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  • 05/07/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant)

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  • 05/07/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: JOSHUA BAILEY (Defendant)

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Tentative Rulings

Case Number: 19STLC04442    Hearing Date: September 23, 2020    Dept: 26

State Farm v. Bailey, 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 Joshua Bailey is GRANTED. DEFENDANT JOSHUA BAILEY IS TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On October 15, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Joshua Bailey (“Defendant”). (Motion, Reese Decl., Exh. A.)  Despite providing an extension of the time to serve responses, to date, Plaintiff has not received any verified responses to the discovery requests propounded on Defendant. (Id. at pp. 1:24-2:2.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions (the “Motion”) on June 12, 2020.

Defendant filed an oppostion on September 10, 2020.

Discussion

Defendant has not provided verified responses to the discovery propounded by Plaintiff on October 15, 2019. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Despite Defendant’s opposing argument that the Court exercise its discretion to deny the Motion and request for sanctions, no legal authority grants this Court the power to ignore the express legislative mandate:

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

. . .

(b) The requesting 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, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order, unless it finds that 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. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

(Code Civ. Proc., § 2033.280 (emphasis added).) This action was filed in May 2019 and defense counsel has had 13 months to locate Defendant prior to the filing of the instant Motion. Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted.

The Court also finds the failure to respond a misuse of the discovery process. In ignoring communications from defense counsel, Defendant has willfully ignored his obligations under the Discovery Code. (See Opp., Zaiderman Decl., ¶¶2-5.) 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 $460.00, based on two hours of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Id. at p. 2:6-9.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted Against Defendant Joshua Bailey is GRANTED. DEFENDANT JOSHUA BAILEY IS TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.