This case was last updated from Los Angeles County Superior Courts on 09/26/2020 at 01:12:35 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS MYRNA JEWELL

Case Summary

On 06/21/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against MYRNA JEWELL. 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:

    *******5920

  • Filing Date:

    06/21/2019

  • 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

JEWELL MYRNA

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D

Defendant Attorney

VELLA LOUIS

 

Court Documents

Notice (name extension) - Notice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS

9/22/2020: Notice (name extension) - Notice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS

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

9/22/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

6/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Opposition (name extension) - Opposition to State Farm Motion for Order to Deem Facts Admitted

3/17/2020: Opposition (name extension) - Opposition to State Farm Motion for Order to Deem Facts Admitted

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Association of Counsel

1/31/2020: Notice (name extension) - Notice of Association of Counsel

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

1/15/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

1/15/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

1/15/2020: Declaration (name extension) - Declaration OF BREANNE L REESE ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

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

1/15/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Answer - Answer

8/22/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

6/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

6/21/2019: Complaint - Complaint

Declaration (name extension) - Declaration DECLARATION OF VENUE

6/21/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

Summons - Summons on Complaint

6/21/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/21/2019: First Amended Standing Order - First Amended Standing Order

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

6/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 06/24/2022
  • Hearing06/24/2022 at 10:30 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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  • 12/18/2020
  • Hearing12/18/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/23/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 09/24/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/22/2020

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  • 09/22/2020
  • DocketNotice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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  • 09/22/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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  • 06/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/17/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Deem Request for Admissions Admitted scheduled for 07/22/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/24/2020 10:00 AM

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  • 03/20/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/20/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/20/2020
  • DocketOn the Court's own motion, Hearing on Motion to Deem Request for Admissions Admitted scheduled for 03/30/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 07/22/2020 08:30 AM

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8 More Docket Entries
  • 08/22/2019
  • DocketAnswer; Filed by: MYRNA JEWELL (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 06/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketNon-Jury Trial scheduled for 12/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/21/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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  • 06/21/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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  • 06/21/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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  • 06/21/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: MYRNA JEWELL (Defendant)

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Tentative Rulings

Case Number: 19STLC05920    Hearing Date: September 24, 2020    Dept: 26

State Farm v. Jewell, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Myrna Jewell is GRANTED. DEFENDANT MYRNA JEWELL IS TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

ANALYSIS:

On October 15, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Myrna Jewell (“Defendant”). (Motion, Reese Decl., Exh. A.) Despite providing an extension of the time to serve responses, to date, Plaintiff has not received any verified responses to the discovery requests propounded on Defendant. (Id. at p. 2:2-5.) As a result, Plaintiff filed 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 January 15, 2020. Defendant filed an oppostion on March 17, 2020.

Discussion

Defendant has not provided verified responses to the discovery propounded by Plaintiff on October 15, 2019. 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.) Despite Defendant’s protestations in opposition, which are ostensibly those of defense counsel because Defendant cannot be located, no legal authority grants this Court the power to ignore the express legislative mandate:

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

. . .

(b) 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 (commencing with Section 2023.010).

(c) The court shall make this order, unless it finds that 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. 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.

(Code Civ. Proc., § 2033.280 (emphasis added).) This action was filed in June 2019 and defense counsel has had nine months to locate Defendant prior to the closures enacted by the Court in March, 2020. Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted.

The Court also finds the failure to respond a misuse of the discovery process. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted against Defendant in the amount of $460.00, based on two hours of attorney time billed at $200.00 per hour, plus the $60.00 filing fee. (Id. at p. 2:6-9.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted Against Defendant Myrna Jewell is GRANTED. DEFENDANT MYRNA JEWELL IS TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.