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.
*******5373
06/04/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
WASHINGTON RICKY C
NICOLE SANDLIN ADERIAN
JOHNSON VENUS
LOYA CASUALTY INSURANCE
SCHOECK MICHAEL D
KIRSCHEN LEONARD S
KIRSCHEN LEONARD
HILL GEOFFREY THOMAS
2/2/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)
2/2/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Intervene) of 02/02/2021
1/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
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
2/26/2020: Notice of Ruling - Notice of Ruling
3/20/2020: 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
6/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
7/21/2020: Motion for Leave to Intervene - Motion for Leave to Intervene
11/20/2020: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL
11/20/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
12/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
12/20/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities
12/20/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
12/20/2019: Declaration (name extension) - Declaration OF MICHAEL D SCHOECK ESQ IN SUPPORT OF MOTION TO DEEM RFA'S ADMITTED
7/30/2019: Answer - Answer
6/25/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/4/2019: First Amended Standing Order - First Amended Standing Order
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
Hearing10/20/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion for Leave to Intervene: Filed By: RICKY C WASHINGTON (Defendant); Result: Granted; Result Date: 02/02/2021
DocketMinute Order (Hearing on Motion for Leave to Intervene)
DocketCertificate of Mailing for (Hearing on Motion for Leave to Intervene) of 02/02/2021; Filed by: Clerk
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
DocketHearing on Motion for Leave to Intervene scheduled for 02/02/2021 at 10:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Loya Casualty Insurance Company's Motion for Leave...)
DocketCertificate of Mailing for (Hearing on Loya Casualty Insurance Company's Motion for Leave...) of 01/21/2021; Filed by: Clerk
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
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
DocketNon-Jury Trial scheduled for 12/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: RICKY C WASHINGTON (Defendant); SANDLIN ADERIAN NICOLE (Defendant); VENUS JOHNSON (Defendant)
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)
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)
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)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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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