This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 00:56:45 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS LEONCIO VAZQUEZ, ET AL.

Case Summary

On 04/13/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against LEONCIO VAZQUEZ. 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:

    *******3277

  • Filing Date:

    04/13/2020

  • 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

CORONA ALEJANDRA

VAZQUEZ LEONCIO

Attorney/Law Firm Details

Plaintiff Attorney

PLEASANT JOSEPH M

Defendant Attorney

JOHNSON JEBB R

 

Court Documents

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

11/3/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/3/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

11/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

11/3/2020: Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION TO DEEM RFA'S ADMITTED

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/26/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF HEARING - AMENDED

4/28/2021: Notice (name extension) - Notice OF HEARING - AMENDED

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

4/28/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Opposition (name extension) - Opposition TO PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANYS MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED; DECLARATION OF JEBB R. JOHNSON

5/20/2021: Opposition (name extension) - Opposition TO PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANYS MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED; DECLARATION OF JEBB R. JOHNSON

Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED

5/26/2021: Reply (name extension) - Reply TO OPPOSITION TO MOTION TO DEEM RFA'S ADMITTED

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

5/26/2021: 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;)

6/7/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted;)

Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION FOR JUDGMENT ON THE PLEADINGS

8/17/2021: Declaration (name extension) - Declaration OF TRISTAN P ESPINOSA ESQ ISO MOTION FOR JUDGMENT ON THE PLEADINGS

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/17/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Judicial Notice - Request for Judicial Notice

8/17/2021: Request for Judicial Notice - Request for Judicial Notice

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

8/17/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

8/17/2021: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/17/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Notice (name extension) - Notice of Non-Opposition to Motion for Judgment on the Pleadings

8/27/2021: Notice (name extension) - Notice of Non-Opposition to Motion for Judgment on the Pleadings

22 More Documents Available

 

Docket Entries

  • 04/17/2023
  • Hearing04/17/2023 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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  • 02/15/2022
  • Hearing02/15/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/24/2021
  • Hearing11/24/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Judgment on the Pleadings

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  • 09/10/2021
  • DocketNotice of Non-Opposition to Motion for Judgment on the Pleadings; Filed by: LEONCIO VAZQUEZ (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 09/09/2021
  • DocketStipulation and Order TO CONTINUE TRIAL; Signed and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 09/09/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 10/12/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 02/15/2022 08:30 AM

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  • 09/07/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 09/03/2021
  • DocketNotice of Ruling; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 09/03/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant)

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  • 08/27/2021
  • DocketNotice of Non-Opposition to Motion for Judgment on the Pleadings; Filed by: LEONCIO VAZQUEZ (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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29 More Docket Entries
  • 05/05/2020
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); Service Date: 04/20/2020; Service Cost: 89.50; Service Cost Waived: No

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  • 04/13/2020
  • DocketNon-Jury Trial scheduled for 10/12/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/17/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/13/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 04/13/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 04/13/2020
  • DocketDeclaration OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 04/13/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: LEONCIO VAZQUEZ (Defendant); ALEJANDRA CORONA (Defendant)

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  • 04/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/13/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03277    Hearing Date: June 7, 2021    Dept: 26

State Farm v. Vazquez, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS

(CCP §§ 2033.280, 2023.010)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT LEONCIO VAZQUEZ IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 24, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Leoncio Vazquez (“Defendant Vazquez”). (Motion, Espinosa Decl., Exh. A.) Despite sending meet and confer letters on August 25, 2020 and October 9, 2020, Plaintiff has not received verified responses to the discovery requests from Defendant Vazquez to date. (Id. at p. 2:5 and Exh. B.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (“the Motion”) on November 30, 2020. Defendant Vazquez filed an opposition on May 20, 2021 and Plaintiff replied on May 26, 2021.

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.) In light of Defendant Vazquez’s failure to serve responses, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.)

The opposition by Defendant Vazquez’s counsel does not demonstrate a basis to deny the Motion. Service of unverified responses is not substantial compliance with the statute. (Appleton v. Sup. Ct. (Cook) (1998) 206 Cal.App.3d 632, 636 [unverified responses are tantamount to no response at all].) Nor does defense counsel’s inability to locate Defendant Vazquez and his insurer’s intention to intervene warrant denial. No motion to intervene has been filed to date and the Court will not make a ruling based on potential intervention. The discovery statute mandates an “order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted” 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, subds. (b), (c).)

Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Additionally, sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted against Defendant Vazquez in the amount of $260.00, based on one hour of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Motion, Espinosa Decl., p. 2:6-9.)

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED. DEFENDANT LEONCIO VAZQUEZ IS ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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