This case was last updated from Los Angeles County Superior Courts on 09/20/2021 at 04:01:56 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS RICKY C WASHINGTON, ET AL.

Case Summary

On 06/04/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against RICKY C WASHINGTON. 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:

    *******5373

  • Filing Date:

    06/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

WASHINGTON RICKY C

NICOLE SANDLIN ADERIAN

JOHNSON VENUS

Not Classified By Court

LOYA CASUALTY INSURANCE

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D

Defendant Attorneys

KIRSCHEN LEONARD

KIRSCHEN LEONARD S

Not Classified By Court Attorney

HILL GEOFFREY THOMAS

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

2/2/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 02/02/2021

2/2/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 02/02/2021

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

1/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Loya Casualty Insurance Company's Motion for Leave...) of 01/21/2021

1/21/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Loya Casualty Insurance Company's Motion for Leave...) of 01/21/2021

Notice of Ruling - Notice of Ruling

2/26/2020: Notice of Ruling - Notice of Ruling

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 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

Motion for Leave to Intervene - Motion for Leave to Intervene

7/21/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

11/20/2020: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

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

11/20/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/20/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

12/20/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

12/20/2019: Declaration (name extension) - Declaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED

Answer - Answer

7/30/2019: Answer - Answer

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

6/25/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

6/4/2019: First Amended Standing Order - First Amended Standing Order

20 More Documents Available

 

Docket Entries

  • 06/07/2022
  • Hearing06/07/2022 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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  • 10/20/2021
  • Hearing10/20/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/02/2021
  • DocketUpdated -- Motion for Leave to Intervene: Filed By: RICKY C WASHINGTON (Defendant); Result: Granted; Result Date: 02/02/2021

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  • 02/02/2021
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 02/02/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Leave to Intervene) of 02/02/2021; Filed by: Clerk

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  • 02/02/2021
  • DocketHearing on Motion for Leave to Intervene scheduled for 02/02/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/02/2021; Result Type to Held - Motion Granted

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  • 01/21/2021
  • DocketHearing on Motion for Leave to Intervene scheduled for 02/02/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 01/21/2021
  • DocketMinute Order (Hearing on Loya Casualty Insurance Company's Motion for Leave...)

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  • 01/21/2021
  • DocketCertificate of Mailing for (Hearing on Loya Casualty Insurance Company's Motion for Leave...) of 01/21/2021; Filed by: Clerk

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  • 01/21/2021
  • DocketThere being no judge available this date, Hearing on Motion for Leave to Intervene scheduled for 01/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 02/02/2021 10:30 AM

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34 More Docket Entries
  • 06/17/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: SANDLIN ADERIAN NICOLE (Defendant); Service Date: 06/13/2019; Service Cost: 79.50; Service Cost Waived: No

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  • 06/05/2019
  • DocketNon-Jury Trial scheduled for 12/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/04/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: RICKY C WASHINGTON (Defendant); SANDLIN ADERIAN NICOLE (Defendant); VENUS JOHNSON (Defendant)

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  • 06/04/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: RICKY C WASHINGTON (Defendant); SANDLIN ADERIAN NICOLE (Defendant); VENUS JOHNSON (Defendant)

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  • 06/04/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: RICKY C WASHINGTON (Defendant); SANDLIN ADERIAN NICOLE (Defendant); VENUS JOHNSON (Defendant)

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  • 06/04/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: RICKY C WASHINGTON (Defendant); SANDLIN ADERIAN NICOLE (Defendant); VENUS JOHNSON (Defendant)

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  • 06/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05373    Hearing Date: February 02, 2021    Dept: 26

State Farm v. Washington, et al

MOTION TO INTERVENE

(CCP § 387)

TENTATIVE RULING:

Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED.

ANALYSIS:

On June 4, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Ricky C. Washington (“Defendant”) and others. Following Defendant Washington’s failure to file a responsive pleading, the Court entered his default on March 23, 2020. Non-party Loya Casualty Insurance Company (“Loya Casualty”) filed the instant motion to intervene on July 21, 2020. To date, no opposition has been filed.

Discussion

The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed when “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” (Code Civ. Proc., § 387, subd. (d)(1)(B).) Whether the petitioner has an interest in the matter in litigation is a question of fact that must be determined by the court before leave to file is granted. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515; In re Yokohama Special Bank (1948) 86 Cal.App.2d 545.) The burden rests on the one seeking to intervene to show that this is a proper case for intervention. (Id. at 515.)

Loya Casualty presents evidence it was Defendant Washington’s insurer at the time of the accident that gives rise to this action. (Motion, Middleton Decl., Exh. A.) Loya Casualty further presents evidence that it has been unable to locate Defendant to participate in this action. (Motion, Kirschen Decl., ¶¶6-20 and Exhs. B-G.) It is undisputed that Defendant Washington has not appeared and that his insurer would have an interest as it would be required to satisfy any judgment rendered against Defendant. (See Cal. Ins. Code § 11580, subd. (b)(2); Reliance Ins. Co. v. Superior Court (2000) 84 Cal.App.4th 383, 386.) Nor would intervention enlarge the issues in this action, as it would simply assert defenses on Defendant Washington’s behalf. (Reliance Ins. Co., supra at 386 (citing Truck Ins. Exch. v. Superior Court (1997) 60 Cal.App.4th 342, 346).)

Based on the foregoing, Proposed Intervenor Loya Casualty Insurance Company’s Motion to Intervene is GRANTED.

Moving party to give notice.

Case Number: 19STLC05373    Hearing Date: September 23, 2020    Dept: 26

State Farm v. Washington, 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 Sandlin Aderian Nicole is GRANTED. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On August 9, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Sandlin Aderian Nicole (“Defendant Nicole”). (Motion, Pleasant Decl., Exh. A.) Despite providing multiple extensions of the time to serve responses, to date, Plaintiff has not received any discovery responses to the discovery requests propounded on Defendant Nicole. (Id. at p. 1:26-28.) 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 December 20, 2019.

The Motion came for hearing on February 19, 2020 at which time Plaintiff did not appear, but Defendant Nicole did. The Court continued the hearing to March 30, 2020 to give the parties an opportunity to resolve the dispute without court intervention. To date, no opposition has been filed.

Discussion

Defendant Nicole has not provided verified responses to the discovery propounded by Plaintiff nor filed an opposition to the motion. 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. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted jointly and severally against Defendant Nicole and counsel of record 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. 2:7-10.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted Against Defendant Sandlin Aderian Nicole is GRANTED. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC05373    Hearing Date: February 19, 2020    Dept: 26

State Farm v. Washington, 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 Sandlin Aderian Nicole is GRANTEDs. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER. 

ANALYSIS:

On August 9, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) served Requests for Admissions on Defendant Sandlin Aderian Nicole (“Defendant Nicole”). (Motion, Pleasant Decl., Exh. A.) Despite providing multiple extensions of the time to serve responses, to date, Plaintiff has not received any discovery responses to the discovery requests propounded on Defendant Nicole. (Id. at p. 1:26-28.) 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 December 20, 2019. To date, no opposition has been filed.

Defendant Nicole has not provided verified responses to the discovery propounded by Plaintiff nor filed an opposition to the motion. 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. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. Sanctions are granted jointly and severally against Defendant Nicole and counsel of record 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. 2:7-10.)

Based on the foregoing, Plaintiff’s Motion to Deem Requests for Admission Admitted Against Defendant Sandlin Aderian Nicole is GRANTED. DEFENDANT SANDLIN ADERIAN NICOLE AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY, ARE TO PAY SANCTIONS OF $460.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

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