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This case was last updated from Los Angeles County Superior Courts on 04/16/2021 at 00:43:38 (UTC).

ZENITH INSURANCE COMPANY VS CESAR LOPEZ MACEDA

Case Summary

On 02/13/2019 ZENITH INSURANCE COMPANY filed a Personal Injury - Other Personal Injury lawsuit against CESAR LOPEZ MACEDA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1491

  • Filing Date:

    02/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ZENITH INSURANCE COMPANY

Defendant

LOPEZ MACEDA CESAR DBA FOAM SELECT

Attorney/Law Firm Details

Plaintiff Attorney

WILLIAMS JEFFREY JAMES

 

Court Documents

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for Order to Continue Trial

3/1/2021: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for Order to Continue Trial

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for Order to Continue Trial

3/5/2021: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for Order to Continue Trial

Minute Order - Minute Order (Court Order)

3/10/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 03/10/2021

3/10/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 03/10/2021

Order (name extension) - Order Proposed Order Re Mtn to Continue Trial

3/10/2021: Order (name extension) - Order Proposed Order Re Mtn to Continue Trial

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

2/3/2021: 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

10/30/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/12/2020

11/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/12/2020

Proof of Service by Mail - Proof of Service by Mail

8/24/2020: Proof of Service by Mail - Proof of Service by Mail

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/6/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/25/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

4/2/2019: Answer - Answer

Notice (name extension) - Notice Notice of Action

2/15/2019: Notice (name extension) - Notice Notice of Action

First Amended Standing Order - First Amended Standing Order

2/13/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

2/13/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

2/13/2019: Summons - Summons on Complaint

10 More Documents Available

 

Docket Entries

  • 10/21/2021
  • Hearing10/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/05/2021
  • Hearing05/05/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Deem Request for Admissions Admitted

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  • 03/17/2021
  • DocketNotice of Ruling; Filed by: Zenith Insurance Company (Plaintiff)

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  • 03/10/2021
  • DocketUpdated -- Ex Parte Application Ex Parte Application for Order to Continue Trial: Filed By: Zenith Insurance Company (Plaintiff); Result: Granted; Result Date: 03/10/2021

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  • 03/10/2021
  • DocketOrder Proposed Order Re Mtn to Continue Trial; Signed and Filed by: Zenith Insurance Company (Plaintiff)

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  • 03/10/2021
  • DocketMinute Order (Hearing on Ex Parte Application Ex Parte Application for Orde...)

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  • 03/10/2021
  • DocketHearing on Ex Parte Application Ex Parte Application for Order to Continue Trial scheduled for 03/10/2021 at 01:30 PM in Spring Street Courthouse at Department 25 updated: Result Date to 03/10/2021; Result Type to Held

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  • 03/10/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 04/14/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 10/21/2021 08:30 AM

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  • 03/10/2021
  • DocketMinute Order (Court Order)

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  • 03/10/2021
  • DocketCertificate of Mailing for (Court Order) of 03/10/2021; Filed by: Clerk

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20 More Docket Entries
  • 03/25/2019
  • DocketProof of Service by Substituted Service; Filed by: Zenith Insurance Company (Plaintiff); As to: Cesar Lopez Maceda (Defendant); Proof of Mailing Date: 03/04/2019; Service Cost: 71.45; Service Cost Waived: No

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  • 02/15/2019
  • DocketNotice Notice of Action; Filed by: Zenith Insurance Company (Plaintiff); As to: Zenith Insurance Company (Plaintiff)

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  • 02/13/2019
  • DocketComplaint; Filed by: Zenith Insurance Company (Plaintiff); As to: Cesar Lopez Maceda (Defendant)

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  • 02/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Zenith Insurance Company (Plaintiff); As to: Cesar Lopez Maceda (Defendant)

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  • 02/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Zenith Insurance Company (Plaintiff); As to: Cesar Lopez Maceda (Defendant)

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  • 02/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/13/2019
  • DocketNon-Jury Trial scheduled for 08/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC01491    Hearing Date: February 03, 2021    Dept: 25

HEARING DATE: Wed., February 3, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Zenith Insurance Company v. Maceda COMPL. FILED: 02-13-19

CASE NUMBER: 19STLC01491 DISC. C/O: 03-15-21

NOTICE: OK DISC. MOT. C/O: 03-30-21

TRIAL DATE: 04-14-21

PROCEEDINGS: MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

MOVING PARTY: Plaintiff Zenith Insurance Company

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Zenith Insurance Company’s Motion to Deem Requests for Admission Admitted is CONTINUED TO APRIL 5, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 1, 2021 [ ] Late [X] None

REPLY: None filed as of February 1, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 13, 2019, Plaintiff Zenith Insurance Company (“Plaintiff”) filed an action for general negligence against Defendant Cesar Lopez Maceda dba Foam Select (“Defendant”). Defendant filed an Answer, in pro per, on April 2, 2019.

On October 30, 2020, Plaintiff filed the instant Motion to Deem Requests for Admission Admitted (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (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).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Plaintiff’s counsel’s declaration submitted as evidence states that Defendant was served with Requests for Admission, Set One, on April 30, 2020 via regular mail. (Mot., Barbagallo Decl., ¶ 4, Exh. C.) The Motion itself states that Defendant has not responded to the discovery. (Mot., p. 4:8-12.) However, Plaintiff’s counsel’s declaration is silent as to whether any responses have been received. (See id., Barbagallo Decl.) As Plaintiff has not submitted any evidence demonstrating Defendant has failed to timely respond to the discovery, the hearing is CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Zenith Insurance Company’s Motion to Deem Requests for Admission Admitted is CONTINUED TO APRIL 5, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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