This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 18:08:20 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS KITCHEN BATH AND FLOORING DEPOT, INC

Case Summary

On 02/27/2018 a Personal Injury - Other Personal Injury case was filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against KITCHEN BATH AND FLOORING DEPOT, INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3268

  • Filing Date:

    02/27/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

KITCHEN BATH AND FLOORING DEPOT INC

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; [Proposed] Order Thereon

8/8/2019: Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; [Proposed] Order Thereon

Answer - Answer

10/24/2018: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

11/9/2018: Proof of Service by Mail - Proof of Service by Mail

Complaint

2/27/2018: Complaint

Declaration (name extension) - of venue

2/27/2018: Declaration (name extension) - of venue

Summons - on Complaint

2/27/2018: Summons - on Complaint

Civil Case Cover Sheet

2/27/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

2/27/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/02/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/10/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/08/2019
  • DocketStipulation and Order Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; [Proposed] Order Thereon; Filed by: Kitchen Bath and Flooring Depot, Inc (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/08/2019
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 08/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 02/10/2020 08:30 AM

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  • 08/07/2019
  • DocketUpdated -- Stipulation and Order Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; Order Thereon: Status Date changed from 08/08/2019 to 08/08/2019; Name Extension changed from Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; [Proposed] Order Thereon to Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; Order Thereon; Result Date changed from 08/07/2019 to 08/07/2019; As To Parties changed from State Farm Mutual Automobile Insurance Company (Plaintiff) to State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/07/2019
  • DocketUpdated -- Stipulation and Order Joint Stipulation to Continue the Trial and to Continue the Trial Deadlines; [Proposed] Order Thereon: Filed By: Kitchen Bath and Flooring Depot, Inc (Defendant); Result: Granted; Result Date: 08/07/2019

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  • 11/09/2018
  • DocketProof of Service by Mail; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kitchen Bath and Flooring Depot, Inc (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 10/24/2018
  • DocketAnswer; Filed by: Kitchen Bath and Flooring Depot, Inc (Defendant)

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  • 02/27/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Kitchen Bath and Flooring Depot, Inc (Defendant)

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  • 02/27/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 02/27/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/27/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/27/2018
  • DocketDeclaration of venue; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 02/27/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 02/27/2018
  • DocketNon-Jury Trial scheduled for 08/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/27/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03268     Hearing Date: January 15, 2020    Dept: 94

State Farm General Insurance Co. v. Kitchen Bath and Flooring Depot, Inc.

DEEM REQUEST FOR ADMISSIONS ADMITTED

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual General Insurance Co.’s Motion to Deem Request for Admissions Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $260.00 to be paid within thirty (30) days of service of notice of this order.

ANALYSIS:

Background

On February 27, 2018, Plaintiff State Farm General Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Kitchen Bath and Flooring Depot, Inc. (“Defendant”).

On August 28, 2019, Defendant’s attorney filed a Motion to be Relieved as Counsel. On December 30, 2019, Defendant filed a Substitution of Attorney stating that Defendant would now represent itself. On January 6, 2019, the Motion to be Relieved as Counsel was taken off calendar.

On December 26, 2019, Plaintiff filed the instant Motion to Deem Requests for Admissions Admitted and of Nonappearance (the “Motion”). To date, no opposition or reply briefs have been filed.

Legal Standard

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product privilege…” (Code Civ. Proc., § 2033.280, subd. (a).) “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.” (Id. at subd. (b).)

A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

In addition, Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

Discussion

Code of Civil Procedure, section 1005, subdivision (b) provides that:

“Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing…However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place f address are within the state of California…”

Plaintiff served the instant Motion on Defendants on December 18, 2019, and filed it with the Court on December 26, 2019. The Court notes that Plaintiff filed the motion only 13 court days before the scheduled hearing, which may not allow the Court sufficient time to consider the Motion. However, Defendant was served on December 18, 2019, which complies with Section 1005 and for this reason, the Court considers this Motion.

Plaintiff served a Request for Admissions, Set One (“RFAs”) on Defendant by mail on October 3, 2019. (Mot., Pleasant Decl., p. 1:23-24.) Responses for the RFAs became due on November 7, 2019. Although a meet and confer is not required, on November 26, 2019, Plaintiff served upon Defendant’s counsel a meet and confer letter. (Id., p. 1:25-27, Exh. B.) Plaintiff did not provide any responses. (Id., p. 2:1.) This Motion is timely, as it can be brought at any time after the responding party fails to provide responses. Thus, Plaintiff is entitled to an order deeming the requests for admission admitted against Defendant. (Code Civ. Proc., § 2033.280.)

In addition, the Court finds Defendant’s failure to respond to Plaintiff’s RFAs a misuse of the discovery process. Because Plaintiff’s request to deem admissions admitted has been granted, monetary sanctions are mandatory under Code of Civil Procedure, section 233.280, subdivision (c).

Plaintiff’s counsel requests a total of $460.00 in sanctions based on two hours of attorney time billed at $200.00 per hour and a filing fee of $60.00. (Mot., Pleasant Decl., p. 2:2-5.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. Thus, Plaintiff’s request for sanctions is GRANTED in the amount of $260.00 based on one hour of attorney time and filing costs of $60.00. Defendant is ordered to pay sanctions within thirty (30) days of service of notice of this order.

Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual General Insurance Co.’s Motion to Deem Requests for Admissions Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $260.00 to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.