STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MICHAEL PAUL DOUGHERTY
Case Summary
On 10/03/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MICHAEL PAUL DOUGHERTY. 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 Disposed - Dismissed.
Case Details
-
Case Number:
*******2429
-
Filing Date:
10/03/2018
-
Case Status:
Disposed - Dismissed
-
Courthouse:
Spring Street Courthouse
-
County, State:
Los Angeles, California
Judge Details
Judge
WENDY CHANG
Party Details
Plaintiff
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Defendant
DOUGHERTY MICHAEL PAUL
Attorney/Law Firm Details
Plaintiff Attorney
BENSON SUSAN MARY
Defendant Attorney
PRAGER ERIKA
Court Documents
9/2/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Entry of Judgment
8/24/2021: Certificate of Mailing for - Certificate of Mailing for (Jury Trial;) of 08/24/2021
8/24/2021: Minute Order - Minute Order (Jury Trial;)
4/20/2021: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial
5/29/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/20/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
9/27/2019: Notice (name extension) - Notice of Rescheduled Motion for Order Deeming the Truth of Matters
10/23/2019: Opposition (name extension) - Opposition to Plaintiff's Motion for Order Deeming Admitted Truth of Matters
10/30/2019: Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the Truth of Matters
11/6/2019: Notice of Ruling - Notice of Ruling
2/28/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
3/10/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL AND RELATED DISCOVERY, MOTION, AND EXPERT CUT-OFF DATES
5/1/2019: Notice of Change of Firm Name - Notice of Change of Firm Name
1/11/2019: Answer - Answer
1/11/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
10/12/2018: Proof of Service by Substituted Service
10/3/2018: Civil Case Cover Sheet
10/3/2018: Notice of Case Assignment - Limited Civil Case
Docket Entries
- 09/02/2021
-
DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 10/03/2018, entered Order for Dismissal without prejudice as to the entire action
- 09/02/2021
-
DocketUpdated -- Order for Dismissal Pursuant to CCP 664.6: Status Date changed from 09/02/2021 to 09/02/2021; Name Extension changed from Order for Dismissal Pursuant to CCP664.6 to for Dismissal Pursuant to CCP 664.6; Result Date changed from 09/02/2021 to 09/02/2021; As To Parties changed from Michael Paul Dougherty (Defendant) to Michael Paul Dougherty (Defendant)
- 09/02/2021
-
DocketOrder - Dismissal; Issued and Filed by: Clerk
- 09/02/2021
-
DocketUpdated -- Stipulation and Order Stipulation for Entry of Judgment: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 09/02/2021
- 09/02/2021
-
DocketUpdated -- Order Order for Dismissal Pursuant to CCP664.6: Filed By: State Farm Mutual Automobile Insurance Company (Plaintiff); Result: Granted; Result Date: 09/02/2021
- 09/02/2021
-
DocketOrder to Show Cause Re: Status of Settlement and Dismissal scheduled for 10/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/02/2021
- 08/24/2021
-
DocketOrder to Show Cause Re: Status of Settlement and Dismissal scheduled for 10/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26
- 08/24/2021
-
DocketMinute Order (Jury Trial;)
- 08/24/2021
-
DocketCertificate of Mailing for (Jury Trial;) of 08/24/2021; Filed by: Clerk
- 08/24/2021
-
DocketJury Trial scheduled for 08/24/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 08/24/2021
- 01/11/2019
-
DocketAnswer; Filed by: Michael Paul Dougherty (Defendant)
- 01/11/2019
-
DocketNotice of Posting of Jury Fees; Filed by: Michael Paul Dougherty (Defendant)
- 10/12/2018
-
DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Michael Paul Dougherty (Defendant); Proof of Mailing Date: 10/07/2018; Service Cost: 75.50; Service Cost Waived: No
- 10/03/2018
-
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 10/03/2018
-
DocketNon-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 10/03/2018
-
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
- 10/03/2018
-
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 10/03/2018
-
DocketSummons on Complaint; Issued and Filed by: Clerk
- 10/03/2018
-
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
- 10/03/2018
-
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Michael Paul Dougherty (Defendant)
Tentative Rulings
Case Number: 18STLC12429 Hearing Date: November 05, 2019 Dept: 94
MOTION TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS TO DEFENDANT AS ADMITTED AND FOR MONETARY SANCTIONS
(CCP § 2033.280)
TENTATIVE RULING:
Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions is GRANTED IN PART and DENIED IN PART.
ANALYSIS:
I. Background
On March 22, 2019, Plaintiff State Farm Mutual Automobile Insurance Co. (“Plaintiff”) served Requests for Admissions (“RFA”) on Defendant Michael Paul Dougherty (“Defendant”). (Taylor Decl. ¶ 1.) Because Plaintiff had not received any discovery responses to the RFA, it brought 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 August 20, 2019. On October 23, Defendant filed an Opposition claiming that he had served verified responses to the RFA and asking the Court to deny Plaintiff’s request for sanctions. Plaintiff replied on October 30.
II. Discussion & Order
Defendant has provided proof that he served responses to the RFA on Plaintiff on October 23. (Oppo., Exh. A.) Accordingly, Plaintiff’s request to deem the truth of the matters specified in the RFA is DENIED AS MOOT.
As for monetary sanctions, the statute is clear: “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.” (CCP § 2033.280(c), emphasis added.) Contrary to Defendant’s contention, the fact that he untimely responded to Plaintiff’s RFA is not a basis to deny sanctions. Rather, the Court has no discretion but to grant monetary sanctions against Defendant for his untimely responses to the RFA.
Given the simplicity of the Motion, the Court awards Plaintiff $560 in reasonable attorney fees and costs as monetary sanctions against Defendant. Sanctions are to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Defendant.
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.
Dig Deeper
Get Deeper Insights on Court Cases