This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 19:45:52 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS LAVELLE LEMONIER

Case Summary

On 06/12/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against LAVELLE LEMONIER. 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:

    *******4988

  • Filing Date:

    06/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Respondent

LEMONIER LAVELLE

Attorney/Law Firm Details

Petitioner Attorney

KANDARIAN-STEIN GINA Y.

 

Court Documents

Notice of Ruling - Notice of Ruling

10/13/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Order Compelling Superior Court Judge t...)

9/23/2020: Minute Order - Minute Order (Hearing on Motion for Order Compelling Superior Court Judge t...)

Notice (name extension) - Notice OF RULING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

9/23/2020: Notice (name extension) - Notice OF RULING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

Motion for Order (name extension) - Motion for Order COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

6/18/2020: Motion for Order (name extension) - Motion for Order COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

Proof of Service by Mail - Proof of Service by Mail

6/18/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Court Order)

6/22/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/22/2020

6/22/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/22/2020

Notice (name extension) - Notice OF HEARING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

6/23/2020: Notice (name extension) - Notice OF HEARING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

Civil Case Cover Sheet - Civil Case Cover Sheet

6/12/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition FOR CASE NUMBER FOR MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

6/12/2020: Petition (name extension) - Petition FOR CASE NUMBER FOR MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

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

6/12/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/16/2023
  • Hearing06/16/2023 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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  • 12/10/2021
  • Hearing12/10/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/13/2020
  • DocketNotice of Ruling; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner)

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  • 09/23/2020
  • DocketNotice OF RULING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner)

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  • 09/23/2020
  • DocketMinute Order (Hearing on Motion for Order Compelling Superior Court Judge t...)

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  • 09/23/2020
  • DocketHearing on Motion for Order Compelling Superior Court Judge to Execute Subpoenas as to Veterans Affairs scheduled for 09/23/2020 at 10:00 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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  • 09/23/2020
  • DocketUpdated -- Motion for Order COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); Result: Granted; Result Date: 09/23/2020

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  • 06/23/2020
  • DocketNotice OF HEARING RE: MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner)

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  • 06/22/2020
  • DocketHearing on Motion for Order Compelling Superior Court Judge to Execute Subpoenas as to Veterans Affairs scheduled for 09/23/2020 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 06/22/2020
  • DocketMinute Order (Court Order)

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  • 06/22/2020
  • DocketCertificate of Mailing for (Court Order) of 06/22/2020; Filed by: Clerk

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  • 06/18/2020
  • DocketMotion for Order COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner)

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  • 06/18/2020
  • DocketProof of Service by Mail; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: Lavelle Lemonier (Respondent)

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  • 06/15/2020
  • DocketNon-Jury Trial scheduled for 12/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/15/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/16/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/15/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 06/12/2020
  • DocketPetition FOR CASE NUMBER FOR MOTION FOR ORDER COMPELLING SUPERIOR COURT JUDGE TO EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: Lavelle Lemonier (Respondent)

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  • 06/12/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: Lavelle Lemonier (Respondent)

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  • 06/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC04988    Hearing Date: September 23, 2020    Dept: 26

State Farm v. Lemonier, et al.

EXECUTE SUBPOENAS AS TO VETERANS AFFAIRS

(CCP § 1985(c); Ins. Code § 11580.2(f))

TENTATIVE RULING:

Petitioner State Farm Mutual Automobile Insurance Company’s Motion for Superior Court Judge to Execute Subpoenas as to Veterans Affairs is GRANTED.

ANALYSIS:

Petitioner State Farm Mutual Automobile Insurance Company (“Petitioner”) filed the instant action to obtain Court-executed subpoenas with respect to Respondent Lavelle Lemonier’s (“Respondent”) records from Veterans Affairs. (Pet., pp. 1:22-2:9.) On June 18, 2020, Petitioner file the instant Motion requesting the Court to execute the aforementioned subpoenas.

To date, no opposition has been filed.

Discussion

The parties are involved in uninsured motorist arbitration following a motor vehicle accident that occurred on September 3, 2016. (Motion, Kandarian-Stein Decl., ¶2.) Respondent’s discovery response indicate that he received treatment following the accident at the Long Beach Veterans Affairs Medical Center. (Id. at ¶3 and Exh. A.) Petitioner sought authorization from Respondent for release of the Veterans Affairs’ records, which must be submitted on a specific form. (Id. at ¶¶4-5 and Exhs. B-C.) Petitioner sought the correct authorization form from Respondent to no avail. (Id. at ¶¶6-8 and Exhs. D-E.) Petitioner now asks the Court to execute a subpoena for issuance of the records, pursuant to which Veterans Affairs allows for the release of records under Directive 1605.01, subdivision (20)(b)(1). (Id. at ¶9 and Exh. F.)

Uninsured motorist claims are governed by Cal. Insurance Code section 11580.2. Subdivision (f) of section 11580.2 dictates that arbitrations thereunder are subject to the Civil Discovery Act. The Civil Discovery Act provides for the issuance of subpoenas. (Code Civ. Proc., § 1985.) The Court, therefore, is authorized to execute the subpoenas in order to allow discovery to proceed in the parties’ uninsured motorist arbitration.

Conclusion

Petitioner State Farm Mutual Automobile Insurance Company’s Motion for Superior Court Judge to Execute Subpoenas as to Veterans Affairs is GRANTED.

Moving party to give notice.