Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 04/11/2021 at 06:09:02 (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, 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:

    *******5734

  • Filing Date:

    06/14/2019

  • 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

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)

1/17/2020: 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)

1/23/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Minute Order - Minute Order (Ruling on Submitted Matter)

2/21/2020: Minute Order - Minute Order (Ruling on Submitted Matter)

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 02/21/2020

2/21/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 02/21/2020

Declaration (name extension) - Declaration TO PLAINTIFFS SUPPLEMENTAL RESPONSE TO MOTION TO DEEM ADMISSIONS ADMITTED

3/9/2020: Declaration (name extension) - Declaration TO PLAINTIFFS SUPPLEMENTAL RESPONSE TO MOTION TO DEEM ADMISSIONS 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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

5/27/2020: 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)

5/27/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER TO CONTINUE TRIAL

10/13/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND ORDER TO CONTINUE TRIAL

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

Declaration (name extension) - Declaration DECLARATION OF VENUE

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

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

18 More Documents Available

 

Docket Entries

  • 06/17/2022
  • Hearing06/17/2022 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

    Read MoreRead Less
  • 09/09/2021
  • Hearing09/09/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 10/13/2020
  • DocketProof of Service by Mail; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

    Read MoreRead Less
  • 10/13/2020
  • DocketUpdated -- Stipulation and Order STIPULATION AND ORDER TO CONTINUE TRIAL: Status Date changed from 10/13/2020 to 10/13/2020; Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result: Granted; Result Date: 10/13/2020; As To Parties changed from OLUTOYIN OLA TOMAKILI (Defendant), SAMUEL ADELEYE (Defendant) to SAMUEL ADELEYE (Defendant), OLUTOYIN OLA TOMAKILI (Defendant); Status changed from Filed to Signed and Filed

    Read MoreRead Less
  • 10/13/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 12/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/09/2021 08:30 AM

    Read MoreRead Less
  • 06/01/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 07/27/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/01/2020

    Read MoreRead Less
  • 05/27/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

    Read MoreRead Less
  • 05/27/2020
  • DocketNotice OF WITHDRAWAL OF MOTION TO DEEM ADMISSIONS; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: OLUTOYIN OLA TOMAKILI (Defendant); SAMUEL ADELEYE (Defendant)

    Read MoreRead Less
  • 05/27/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Deem Request for Admissions Admitted scheduled for 01/23/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 05/27/2020

    Read MoreRead Less
  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
23 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

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

    Read MoreRead Less
  • 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

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

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

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 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)

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

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

    Read MoreRead Less

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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where State Farm Mutual Automobile Insurance Company is a litigant

Latest cases represented by Lawyer REESE BREANNE L.