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

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.