This case was last updated from Los Angeles County Superior Courts on 01/19/2020 at 04:12:39 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS OLUTOYIN OLA TOMAKILI, ET AL.

Case Summary

On 06/14/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against OLUTOYIN OLA TOMAKILI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******5734

  • Filing Date:

    06/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

TOMAKILI OLUTOYIN OLA

ADELEYE SAMUEL

Attorney/Law Firm Details

Plaintiff Attorney

REESE BREANNE L.

Defendant Attorney

HAWLEY MARIA CHAVES

 

Court Documents

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

11/20/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/20/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM ADMISSIONS

11/20/2019: Declaration (name extension) - Declaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM ADMISSIONS

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

11/20/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Opposition (name extension) - Opposition DEFENDANT SAMUEL ADELEYE'S OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

1/9/2020: Opposition (name extension) - Opposition DEFENDANT SAMUEL ADELEYE'S OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

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

8/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

8/16/2019: Answer - Answer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/10/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

6/14/2019: Complaint - Complaint

Declaration (name extension) - Declaration DECLARATION OF VENUE

6/14/2019: Declaration (name extension) - Declaration DECLARATION OF VENUE

Summons - Summons on Complaint

6/14/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

6/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/14/2019: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 06/17/2022
  • Hearing06/17/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/11/2020
  • Hearing12/11/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/23/2020
  • Hearing01/23/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Deem Request for Admissions Admitted

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  • 01/09/2020
  • DocketOpposition DEFENDANT SAMUEL ADELEYE'S OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; Filed by: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

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  • 11/20/2019
  • DocketMotion to Deem RFA's Admitted; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant)

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  • 11/20/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant)

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  • 11/20/2019
  • DocketMemorandum of Points & Authorities; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 11/20/2019
  • DocketDeclaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM ADMISSIONS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 11/20/2019
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 01/23/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/16/2019
  • DocketAnswer; Filed by: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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1 More Docket Entries
  • 07/10/2019
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); Proof of Mailing Date: 07/02/2019; Service Cost: 89.50; Service Cost Waived: No

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  • 06/18/2019
  • DocketNon-Jury Trial scheduled for 12/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/18/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/18/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/14/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

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  • 06/14/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

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  • 06/14/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

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  • 06/14/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

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  • 06/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05734    Hearing Date: January 23, 2020    Dept: 26

State Farm v. Tomakili, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff’s Motion to Deem Requests for Admission Admitted is GRANTED AS TO DEFENDANT SAMUEL ADELEYE.

DEFENDANT SAMUEL ADELEYE AND HIS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On June 14, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Olutoyin Ola Tomakili (“Defendant Tomakili”) and Samuel Adeleye (“Defendant Adeleye”). On November 20, 2019, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions Admitted and for Monetary Sanctions (the “Motion”). The Notice of Motion indicates that the Motion is brought as to Defendant Tomakili.

On January 8, 2020, Plaintiff served but did not file an Amended Notice of Motion indicating that the Motion is brought as to Defendant Adeleye. Although the Amended Notice of Motion was not served at least 16 court days prior to the hearing, Defendant Adeleye does not oppose the Motion for lack of sufficient notice. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 [“It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.”].) Accordingly, the Court will consider the Motion on the merits.

Defendant Adeleye has not provided verified responses to the Requests for Admission propounded by Plaintiff. (Motion, Schoeck Decl., ¶¶1-2 and Exhs. A-B.) There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. The Court finds the failure to respond a misuse of the discovery process. Defendant Adeleye’s contention in opposition, that his responses are unnecessary because Defendant Tomakili also served verified responses to the same discovery, is unsupported by the law. Plaintiff is entitled to verified responses from each party on whom discovery was properly served, or other remedies as the law provides, including an order deeming the admissions admitted. (Code Civ. Proc., §§ 2033.220, 2033.280.)

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 Adeleye 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. (Motion, Schoeck Decl., ¶3.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted is GRANTED as to Defendant Samuel Adeleye. DEFENDANT SAMUEL ADELEYE AND HIS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.