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This case was last updated from Los Angeles County Superior Courts on 04/10/2021 at 01:52:44 (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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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 and Cross Plaintiffs

JGM CAR TRANSPORTATION INC.

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 (Hearing on Motion to Deem Request for Admissions Admitted)

4/7/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

3/9/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Substitution of Attorney - Substitution of Attorney

12/22/2020: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

5/7/2020: Substitution of Attorney - Substitution of Attorney

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

10/11/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

7/23/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

7/23/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

General Denial - General Denial

8/19/2019: General Denial - General Denial

Cross-Complaint - Cross-Complaint

8/19/2019: Cross-Complaint - Cross-Complaint

Summons - Summons on Complaint

8/19/2019: Summons - Summons on Complaint

Complaint - Complaint

6/24/2019: Complaint - Complaint

Summons - Summons on Complaint

6/24/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

6/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

2 More Documents Available

 

Docket Entries

  • 06/27/2022
  • Hearing06/27/2022 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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  • 05/10/2021
  • Hearing05/10/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/07/2021
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 04/07/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 04/07/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 04/07/2021; Result Type to Held - Motion Granted

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  • 03/10/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 04/07/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 03/09/2021
  • DocketMotion to Deem RFA's Admitted; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: Jose Guadalupe Martinez-Guzman (Defendant)

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  • 12/22/2020
  • DocketSubstitution of Attorney; Filed by: Jose Guadalupe Martinez-Guzman (Cross-Complainant)

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  • 11/13/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 12/21/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/10/2021 08:30 AM

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  • 05/07/2020
  • DocketSubstitution of Attorney; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff)

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  • 10/11/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Sutter Insurance Company a/s/o Four Seasons Tours and Travel (Plaintiff); As to: JGM Car Transportation Inc. (Defendant)

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5 More Docket Entries
  • 08/19/2019
  • DocketGeneral Denial; Filed by: Jose Guadalupe Martinez-Guzman (Defendant)

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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
  • 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
  • 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
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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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
  • 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
  • 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
  • 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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