On 08/12/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against PRECIOUS A ALEXANDER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******7462
08/12/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
ALEXANDER PRECIOUS A.
BENSON SUSAN M
JALALI LILI
10/20/2020: Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the Truth/Declaration of Lili Jalali, Esq. in Support
10/29/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Deeming Admitted the Truth of Mat...) of 10/29/2020
10/29/2020: Minute Order - Minute Order (Hearing on Motion for Order Deeming Admitted the Truth of Mat...)
6/18/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
6/23/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/23/2020
6/23/2020: Minute Order - Minute Order (Court Order)
2/28/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
11/25/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
11/22/2019: Answer - Answer
10/22/2019: Proof of Personal Service - Proof of Personal Service
8/12/2019: Summons - Summons on Complaint
8/12/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
8/12/2019: Complaint - Complaint
8/12/2019: First Amended Standing Order - First Amended Standing Order
8/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing08/15/2022 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
Hearing02/08/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketMinute Order (Hearing on Motion for Order Deeming Admitted the Truth of Mat...)
DocketCertificate of Mailing for (Hearing on Motion for Order Deeming Admitted the Truth of Mat...) of 10/29/2020; Filed by: Clerk
DocketHearing on Motion for Order Deeming Admitted the Truth of Matters scheduled for 10/29/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/29/2020; Result Type to Held - Motion Denied
DocketOpposition Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the Truth/Declaration of Lili Jalali, Esq. in Support; Filed by: Precious A. Alexander (Defendant)
DocketHearing on Motion for Order Deeming Admitted the Truth of Matters scheduled for 10/29/2020 at 10:00 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 06/23/2020; Filed by: Clerk
DocketMotion to Deem RFA's Admitted; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)
DocketAnswer; Filed by: Precious A. Alexander (Defendant)
DocketProof of Personal Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant); Service Date: 09/21/2019; Service Cost: 75.50; Service Cost Waived: No
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/15/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 02/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)
Case Number: 19STLC07462 Hearing Date: October 29, 2020 Dept: 26
State Farm v.
Alexander, 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 Precious A.
Alexander is GRANTED. DEFENDANT PRECIOUS A. ALEXANDER IS TO PAY SANCTIONS OF
$460.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. ANALYSIS: On January 3, 2020, Plaintiff State Farm Mutual Automobile
Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Precious
A. Alexander (“Defendant”). (Motion, Taylor
Decl., Exh. 1.) Despite providing Defendant an extension of the time to serve
responses, as of the filing of this Motion, Plaintiff had not received any
verified responses to the discovery requests propounded on Defendant. (Id.
at ¶¶4-8 and Exhs. 2-3.) 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 June 18, 2020. Defendant filed an oppostion
on October 20, 2020. Discussion According to
Plaintiff, Defendant had not provided verified responses to the
discovery propounded by Plaintiff on October 15, 2019 as of the filing of the
Motion. 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.) In
opposition, Defendant contends that she failed to serve timely responses
following the death of her father but has since served responses to the
Requests for Admission on September 1, 2020. (Opp., Jalali Decl., ¶¶13-18.) No
copy of the responses, however, is attached to the Opposition or supporting
declaration. (Ibid.) The Court, therefore, cannot determine whether the
responses to the Requests for Admission comply with the requirements of Code of
Civil Procedure section 2033.210, et seq. 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).) Therefore,
Plaintiff is entitled to an order deeming the Requests for Admission admitted.
Sanctions are required 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 Precious A. Alexander is GRANTED.
DEFENDANT PRECIOUS A. ALEXANDER IS TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S
COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER. Moving party to give notice.