This case was last updated from Los Angeles County Superior Courts on 10/31/2020 at 01:27:46 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PRECIOUS A. ALEXANDER

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7462

  • Filing Date:

    08/12/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

ALEXANDER PRECIOUS A.

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN M

Defendant Attorney

JALALI LILI

 

Court Documents

Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the Truth/Declaration of Lili Jalali, Esq. in Support

10/20/2020: Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Motion for Order Deeming Admitted the Truth/Declaration of Lili Jalali, Esq. in Support

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: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Deeming Admitted the Truth of Mat...) of 10/29/2020

Minute Order - Minute Order (Hearing on Motion for Order Deeming Admitted the Truth of Mat...)

10/29/2020: Minute Order - Minute Order (Hearing on Motion for Order Deeming Admitted the Truth of Mat...)

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

6/18/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/23/2020

6/23/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/23/2020

Minute Order - Minute Order (Court Order)

6/23/2020: Minute Order - Minute Order (Court Order)

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

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

11/25/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

11/22/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

10/22/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

8/12/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/12/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

8/12/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

8/12/2019: First Amended Standing Order - First Amended Standing Order

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

8/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 08/15/2022
  • 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

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  • 02/08/2021
  • Hearing02/08/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/29/2020
  • DocketMinute Order (Hearing on Motion for Order Deeming Admitted the Truth of Mat...)

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  • 10/29/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Order Deeming Admitted the Truth of Mat...) of 10/29/2020; Filed by: Clerk

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  • 10/29/2020
  • 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

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  • 10/20/2020
  • 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)

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  • 06/23/2020
  • 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

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  • 06/23/2020
  • DocketMinute Order (Court Order)

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  • 06/23/2020
  • DocketCertificate of Mailing for (Court Order) of 06/23/2020; Filed by: Clerk

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  • 06/18/2020
  • DocketMotion to Deem RFA's Admitted; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)

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3 More Docket Entries
  • 11/22/2019
  • DocketAnswer; Filed by: Precious A. Alexander (Defendant)

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  • 10/22/2019
  • 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

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  • 08/13/2019
  • 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

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  • 08/13/2019
  • DocketNon-Jury Trial scheduled for 02/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/13/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/12/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/12/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/12/2019
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)

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  • 08/12/2019
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)

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  • 08/12/2019
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Precious A. Alexander (Defendant)

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Tentative Rulings

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.