This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 00:42:53 (UTC).

SUTTER INSURANCE COMPANY A/S/O FOUR SEASONS TOURS AND TRAVEL VS JOSE GUADALUPE MARTINEZ-GUZMAN, ET AL.

Case Summary

On 06/24/2019 SUTTER INSURANCE COMPANY A/S/O FOUR SEASONS TOURS AND TRAVEL filed a Personal Injury - Uninsured Motor Vehicle lawsuit against JOSE GUADALUPE MARTINEZ-GUZMAN. 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:

    *******5944

  • Filing Date:

    06/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

SUTTER INSURANCE COMPANY A/S/O FOUR SEASONS TOURS AND TRAVEL

Defendants

JGM CAR TRANSPORTATION INC.

MARTINEZ-GUZMAN JOSE GUADALUPE

Cross Plaintiff and Defendant

MARTINEZ-GUZMAN JOSE GUADALUPE

Cross Defendants

SON-HUI CHOE SUMEE

CHOE SUMEE YON-HUI

Attorney/Law Firm Details

Plaintiff Attorneys

GABA JR. RODOLFO

HAINES TODD

Defendant and Cross Plaintiff Attorney

QUIGG VINCENT J

 

Court Documents

Minute Order - Minute Order (Court Order;)

9/29/2021: Minute Order - Minute Order (Court Order;)

Certificate of Mailing for - Certificate of Mailing for (Court Order;) of 09/29/2021

9/29/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order;) of 09/29/2021

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

5/18/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

5/18/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Ruling - Notice of Ruling

5/21/2021: Notice of Ruling - Notice of Ruling

General Denial - General Denial

8/19/2019: General Denial - General Denial

Minute Order - Minute Order (Non-Jury Trial;)

5/10/2021: Minute Order - Minute Order (Non-Jury Trial;)

Order - Dismissal - Order - Dismissal

5/10/2021: Order - Dismissal - Order - Dismissal

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 05/10/2021

5/10/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 05/10/2021

Notice (name extension) - Notice of Trial

4/30/2021: Notice (name extension) - Notice of Trial

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

4/30/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration in Support of Interest

4/30/2021: Declaration (name extension) - Declaration in Support of Interest

Declaration (name extension) - Declaration in Support of Default Judgment - Plaintiff

4/30/2021: Declaration (name extension) - Declaration in Support of Default Judgment - Plaintiff

Request for Dismissal - Request for Dismissal

4/30/2021: Request for Dismissal - Request for Dismissal

Witness List - Witness List

4/30/2021: Witness List - Witness List

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

4/30/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Exhibit List - Exhibit List

4/30/2021: Exhibit List - Exhibit List

Exhibit List - Exhibit List

4/30/2021: Exhibit List - Exhibit List

20 More Documents Available

 

Docket Entries

  • 11/03/2021
  • Hearing11/03/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/29/2021
  • DocketUpdated -- Notice of Ruling on Granting Motion to Deem Requests for Admissions Admitted: Name Extension: on Granting Motion to Deem Requests for Admissions Admitted; As To Parties: removed

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  • 09/29/2021
  • DocketOrder to Show Cause Re: why the court should not vacate its prior order Striking Defendant?s Answer and, if applicable setting aside entry of default and judgment scheduled for 11/03/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/29/2021
  • DocketMinute Order (Court Order;)

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  • 09/29/2021
  • DocketCertificate of Mailing for (Court Order;) of 09/29/2021; Filed by: Clerk

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  • 09/29/2021
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment or Dismissal scheduled for 11/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 09/29/2021

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  • 09/29/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/23/2019

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  • 05/21/2021
  • DocketNotice of Ruling; Filed by: Jose Guadalupe Martinez-Guzman (Defendant)

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  • 05/18/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff)

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  • 05/18/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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37 More Docket Entries
  • 08/19/2019
  • DocketOn the Cross-Complaint filed by Jose Guadalupe Martinez-Guzman on 08/19/2019, entered Order for Dismissal without prejudice as to Sumee Yon-Hui Choe

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  • 07/23/2019
  • DocketProof of Service by Substituted Service; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: JGM Car Transportation Inc. (Defendant); Proof of Mailing Date: 07/05/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 07/23/2019
  • DocketProof of Service by Substituted Service; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: Jose Guadalupe Martinez-Guzman (Defendant); Proof of Mailing Date: 07/05/2019; Service Cost: 85.00; Service Cost Waived: No

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  • 06/24/2019
  • DocketNon-Jury Trial scheduled for 12/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketComplaint; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: Jose Guadalupe Martinez-Guzman (Defendant); JGM Car Transportation Inc. (Defendant)

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  • 06/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: Jose Guadalupe Martinez-Guzman (Defendant); JGM Car Transportation Inc. (Defendant)

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  • 06/24/2019
  • DocketSummons on Complaint; Issued and Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: Jose Guadalupe Martinez-Guzman (Defendant); JGM Car Transportation Inc. (Defendant)

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  • 06/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/24/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05944    Hearing Date: April 7, 2021    Dept: 26

Sutter Ins. Co. v. Martinez-Guzman, et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Sutter Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Jose Guadalupe Martinez-Guzman is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $152.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Sutter Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jose Guadalupe Martinez-Guzman (“Defendant”) on June 24, 2019. On January 5, 2021, Plaintiff served Requests for Admissions on Defendant. (Motion, Tapper Decl., Exh. A.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶3.) Plaintiff filed the instant Motion to Compel Responses to Requests for Admission and Request for Sanctions on March 9, 2021. To date, no opposition has been filed.

Defendant has not served verified responses to the discovery propounded on January 5, 2021 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.) Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $152.50, based on half-an-hour of attorney time billed at $225.00 per hour, plus the $40.00 filing fee. (Motion, Tapper Decl., ¶4.)

Based on the foregoing, Plaintiff Sutter Insurance Company’s Motion to Deem Requests for Admission Admitted Against Defendant Jose Guadalupe Martinez-Guzman is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $152.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice. 

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