On 10/05/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against ROLAND SARKISYAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.
*******2604
10/05/2018
Other
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
SARKISYAN ROLAND
BENSON SUSAN MARY
OPFELL CHRISTOPHER KAJ
4/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/1/2020: Request for Dismissal - Request for Dismissal
9/4/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
12/4/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
12/4/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
1/22/2020: Opposition (name extension) - Opposition Notice of Non-Opposition to Plaintiffs Motion for Order Deeming Admitted the Truth of Matter
1/24/2020: Opposition (name extension) - Opposition Amended Notice of Opposition to Plaintiffs Motion for Order Deeming Admitted the Truth of the Matter
2/4/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)
2/5/2020: Notice of Ruling - Notice of Ruling
3/17/2020: Notice of Settlement - Notice of Settlement
3/17/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
2/8/2019: Answer - Answer
2/8/2019: Demand for Jury Trial - Demand for Jury Trial
11/21/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service
10/5/2018: Complaint
10/5/2018: Civil Case Cover Sheet
10/5/2018: Notice of Case Assignment - Limited Civil Case
10/5/2018: Summons - on Complaint
DocketOn the Complaint filed by State Farm Mutual Automobile Insurance Company on 10/05/2018, entered Request for Dismissal with prejudice filed by State Farm Mutual Automobile Insurance Company as to the entire action
DocketAddress for Susan Mary Benson (Attorney) updated
DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 03/23/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/01/2020
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOn the Court's own motion, Order to Show Cause - Hearing re: Dismissal Date scheduled for 06/24/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 03/23/2021 09:30 AM
DocketNotice of Settlement; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); Vacate Future Dates: No; Settlement Type: Unconditional; Set Hearing and Generate Notice?: No
DocketUpdated -- Notice of Settlement: As To Parties: removed
DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/24/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/17/2020
DocketDemand for Jury Trial; Filed by: Roland Sarkisyan (Defendant)
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Roland Sarkisyan (Defendant); Proof of Mailing Date: 11/12/2018; Service Cost: 75.50; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 04/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Roland Sarkisyan (Defendant)
DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
Case Number: 18STLC12604 Hearing Date: February 04, 2020 Dept: 25
MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED
(CCP §2033.280)
TENTATIVE RULING:
Plaintiff State Farm Automobile Insurance Company’s Motion for Order Deeming Admitted the Truth of Matters is GRANTED. Plaintiff’s Request for Sanctions is also GRANTED in the reduced amount of $360.00, to be paid within 30 days’ notice of this order.
ANALYSIS:
I. Background
On October 5, 2018, Plaintiff State Farm Automobile Insurance Company (“Plaintiff”) filed an action for subrogation against Defendant Ronald Sarkisyan (“Defendant”). On February 8, 2019, Defendant filed an Answer.
On December 4, 2019, Plaintiff filed the instant Motion for Order Deeming Admitted the Truth of Matters and Request for Sanctions (the “Motion”). On January 22, 2020, Defendant filed an Opposition, which was Amended on January 24, 2020. To date, no reply brief has been filed.
II. Legal Standard
A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product privilege…” (Code Civ. Proc., § 2033.280, subd. (a).) “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.” (Id. at subd. (b).) However, a court will not make such an order “if a party to whom 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.” (Id. at subd. (c).)
III. Discussion
is mandatory that the Court impose a monetary sanction on the party or attorney whose failure to serve a timely response to requests for admission necessitated such motion. (Code Civ. Proc., § 2033.280, subd. (c).) Unlike other sections in the Civil Discovery Act that allow the court to issue sanctions in its discretion, Code of Civil Procedure section 2033.280 does not allow for such discretion.
Plaintiff’s counsel requests sanctions in the amount $660.00, which includes two hours of attorney time billed at $300.00 an hour and a $60.00 filing fee. (Id., ¶ 9.) However, that amount is excessive given the simplicity of this Motion. Therefore, Plaintiff’s Request for Sanctions is GRANTED in the reduced amount of $360.00 based on one hour of attorney time and one filing fee of $60.00.
IV. Conclusion & Order
For the foregoing reasons, Plaintiff State Farm Automobile Insurance Company’s Motion for Order Deeming Admitted the Truth of Matters is GRANTED. Plaintiff’s Request for Sanctions is also GRANTED in the reduced amount of $360.00, to be paid within 30 days’ notice of this order.
Moving party is ordered to give notice.