This case was last updated from Los Angeles County Superior Courts on 09/28/2020 at 20:47:28 (UTC).

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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2429

  • Filing Date:

    10/03/2018

  • 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

DOUGHERTY MICHAEL PAUL

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN MARY

Defendant Attorney

PRAGER ERIKA

 

Court Documents

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

5/29/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

8/20/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Notice (name extension) - Notice of Rescheduled Motion for Order Deeming the Truth of Matters

9/27/2019: Notice (name extension) - Notice of Rescheduled Motion for Order Deeming the Truth of Matters

Opposition (name extension) - Opposition to Plaintiff's Motion for Order Deeming Admitted Truth of Matters

10/23/2019: Opposition (name extension) - Opposition to Plaintiff's Motion for Order Deeming Admitted Truth of Matters

Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the 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

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

11/5/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice of Ruling - Notice of Ruling

11/6/2019: Notice of Ruling - Notice of Ruling

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/28/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL AND RELATED DISCOVERY, MOTION, AND EXPERT CUT-OFF DATES

3/10/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL AND RELATED DISCOVERY, MOTION, AND EXPERT CUT-OFF DATES

Notice of Change of Firm Name - Notice of Change of Firm Name

5/1/2019: Notice of Change of Firm Name - Notice of Change of Firm Name

Demand for Jury Trial - Demand for Jury Trial

1/11/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

1/11/2019: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

1/11/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Service by Substituted Service

10/12/2018: Proof of Service by Substituted Service

Complaint

10/3/2018: Complaint

Summons - on Complaint

10/3/2018: Summons - on Complaint

Civil Case Cover Sheet

10/3/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

10/3/2018: Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 04/22/2021
  • Hearing04/22/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/29/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/29/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 08/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 04/22/2021 08:30 AM

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  • 05/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/06/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/29/2020

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  • 03/10/2020
  • DocketStipulation and Order STIPULATION TO CONTINUE TRIAL AND RELATED DISCOVERY, MOTION, AND EXPERT CUT-OFF DATES; Filed by: Michael Paul Dougherty (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 03/10/2020
  • DocketUpdated -- Stipulation and Order STIPULATION TO CONTINUE TRIAL AND RELATED DISCOVERY, MOTION, AND EXPERT CUT-OFF DATES: Status changed from Filed to Signed and Filed

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  • 03/10/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 08/17/2020 08:30 AM

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  • 02/28/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Susan Mary Benson (Attorney)

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  • 02/28/2020
  • DocketAddress for Susan Mary Benson (Attorney) updated

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  • 11/06/2019
  • DocketNotice of Ruling; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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12 More Docket Entries
  • 01/11/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Michael Paul Dougherty (Defendant)

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  • 01/11/2019
  • DocketAnswer; Filed by: Michael Paul Dougherty (Defendant)

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  • 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

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  • 10/03/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Michael Paul Dougherty (Defendant)

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  • 10/03/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 10/03/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/03/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/03/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 10/03/2018
  • DocketNon-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 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

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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.