Judge: Stephen P. Pfahler, Case: 20CHCV00137, Date: 2023-01-26 Tentative Ruling

Case Number: 20CHCV00137    Hearing Date: January 26, 2023    Dept: F49

Dept. F-49

Date: 1-26-23 c/f 12-13-22

Case #20CHCV00137

Trial Date: 5-15-23

DOCUMENTS

MOVING PARTY: Defendant, Allstate Northbrook Indemnity Company

RESPONDING PARTY: Unopposed/Plaintiff, Henry Martinez

RELIEF REQUESTED

Motion to Compel Responses to Request for Production of Documents

SUMMARY OF ACTION

Following a January 11, 2017 “hit and run” car collision, Plaintiff Henry Martinez submitted an uninsured motorist claim with his insurer, Defendant Allstate Northbrook Indemnity Company. The date of the submitted claim remains unarticulated in the complaint. According to Plaintiff, after a 20 month investigation, the claim was neither accepted nor denied.

On February 21, 2020, Plaintiff filed a complaint for Breach of Contract, Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing. (The caption of the complaint also lists an Unfair Business Practices in Violation of Business & Professions Code section 17200 cause of action, but no such cause of action appears in the body of the complaint.) Plaintiff filed a notice of related cases on September 6, 2020 with BS175060. The BS175060 case was dismissed on March 13, 2020. Plaintiff filed a notice of related cases in the BS175060 on August 3, 2021.

On August 27, 2020, the court ordered the parties to arbitration upon the motion of Allstate Northbrook Indemnity Company, and stayed the action. On April 5, 2022, the stay of the action was lifted.

Defendant Allstate Northbrook Indemnity Company answered on April 7, 2022. On May 17, 2022, Allstate Northbrook Indemnity Company filed its amended answer.

RULING: Granted.

Defendant, Allstate Northbrook Indemnity Company moves to compel responses to Request for Production of Documents (set one) served on Plaintiff Henry Martinez.

Defendant represents service of Plaintiff on April 26, 2022. [Declaration of Andrea Warren, ¶ 2, Ex. A.] According to Defendant, at the time of the filing of the motion, no responses were received. [Id., ¶ 7.]

The motion is unopposed. Plaintiff in reply reiterates the basis of the unopposed motion.

The unopposed motion is granted. Plaintiff Henry Martinez is ordered to serve verified responses to Request for Production of Documents (set one), without objections, within ten days. (Code Civ. Proc., § 2031.300(a-b).)

Sanctions in the amount of $250 against Plaintiff Henry Martinez and counsel of record. (Code Civ. Proc., § 2031.300, subd. (c).) Payable within 30 days.

Motion for Protective Order set for March 16, 2023.

Defendant to provide notice.