Judge: Katherine Chilton, Case: 21STLC05370, Date: 2022-08-08 Tentative Ruling

Case Number: 21STLC05370    Hearing Date: August 8, 2022    Dept: 25

PROCEEDINGS:      MOTION TO COMPEL DISCOVERY (FURTHER) – FORM AND SPECIAL INTERROGATORIES

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Co.

RESP. PARTY:         Defendant Araceli Villegas

MOTION TO COMPEL DISCOVERY (FURTHER):

FORM AND SPECIAL INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff State Farm has WITHDRAWN Motion to Compel Further – Form Interrogatories and Motion to Compel Further – Special Interrogatories.  Plaintiff’s Motions are PLACED OFF CALENDAR AS MOOT.

SERVICE: 

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

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 YES

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

OPPOSITION:          Filed on July 26, 2022.                                    [   ] Late                      [   ] None

REPLY:                     None filed as of August 3, 2022                [   ] Late                      [X] None

ANALYSIS:

I.                Background

On July 22, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendant Araceli Villegas aka Araceli Gracia (“Defendant”) for subrogation, stemming from an automobile accident between Defendant and an individual insured by Plaintiff’s automobile insurance policy.  (Complaint pp. 1-2.)  Plaintiff compensated Insured for claimed damages in the amount of $5,113.75 and filed the instant lawsuit against Defendant for allegedly causing the damages.  (Ibid. pp. 2-3.)  On March 1, 2022, Defendant filed an Answer denying all allegations in the Complaint and stating that she was erroneously named in the Complaint; her correct name is Araceli GraciaVillegas.  (Answer p. 1.)

On July 8, 2022, Plaintiff filed the two instant Motions – 1) Motion to Compel Further Discovery Responses to Form Interrogatories, Set One, and for Sanctions and 2) Motion to Compel Further Discovery Responses to Special Interrogatories, Set One, and for Sanctions.  On July 26, 2022, Defendant filed Oppositions to both Motions to Compel Further Discovery.  No replies were filed.

On August 2, 2022, Plaintiff filed Notices of Withdrawal of Motion to Compel Further Responses to Form Interrogatories and Motion to Compel Further Responses to Special Interrogatories.  Plaintiff also served Defendant with these Notices.  Accordingly, Plaintiff’s Motions are PLACED OFF CALENDAR AS MOOT.

II.              Conclusion & Order

For the foregoing reasons, Plaintiff State Farm’s Motions are PLACED OFF CALENDAR AS MOOT.

Moving party is ordered to give notice.