This case was last updated from Los Angeles County Superior Courts on 11/16/2021 at 13:53:10 (UTC).

MIGUEL MARTINEZ VS LAMONT SPEED, ET AL.

Case Summary

On 02/06/2020 MIGUEL MARTINEZ filed a Personal Injury - Motor Vehicle lawsuit against LAMONT SPEED. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1288

  • Filing Date:

    02/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MARTINEZ MIGUEL

Defendants

1 TO 50 INCLUSIVE DOES

SPEED LAMONT

Attorney/Law Firm Details

Plaintiff Attorney

PACHECO GEORGE B. JR

Defendant Attorney

SHARIFI PEGAH

 

Court Documents

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

2/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/6/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

2/6/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

2/6/2020: Complaint - Complaint

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

6/10/2021: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

Answer - Answer

12/22/2020: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

12/22/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Personal Service - Proof of Personal Service

11/20/2020: Proof of Personal Service - Proof of Personal Service

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

11/2/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Motion to Compel Further Discovery Responses - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/5/2021: Motion to Compel Further Discovery Responses - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Ruling - Notice of Ruling

11/3/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

11/3/2021: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

1 More Documents Available

 

Docket Entries

  • 02/09/2022
  • Hearing02/09/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/03/2021
  • DocketUpdated -- Motion to Compel Further Discovery Responses: Filed By: Lamont Speed (Defendant); Result: Granted; Result Date: 11/03/2021

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  • 11/03/2021
  • DocketNotice of Ruling; Filed by: Lamont Speed (Defendant)

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  • 11/03/2021
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses)

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  • 11/03/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 11/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/03/2021; Result Type to Held - Motion Granted

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  • 11/01/2021
  • DocketUpdated -- Motion to Compel Further Discovery Responses: Document changed from Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion to Motion to Compel Further Discovery Responses; As To Parties changed from Miguel Martinez (Plaintiff) to Miguel Martinez (Plaintiff)

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  • 11/01/2021
  • DocketUpdated -- Event scheduled for 11/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion to Compel Discovery (not "Further Discovery") to Hearing on Motion to Compel Further Discovery Responses

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  • 11/01/2021
  • DocketUpdated -- Event scheduled for 02/09/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Non-Jury Trial to Jury Trial

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  • 11/01/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/20/2020

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  • 10/06/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 11/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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5 More Docket Entries
  • 11/20/2020
  • DocketProof of Personal Service; Filed by: Miguel Martinez (Plaintiff); As to: Lamont Speed (Defendant); Service Date: 10/23/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 11/02/2020
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 02/10/2020
  • DocketNon-Jury Trial scheduled for 08/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/09/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/10/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/06/2020
  • DocketComplaint; Filed by: Miguel Martinez (Plaintiff); As to: Lamont Speed (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 02/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Miguel Martinez (Plaintiff); As to: Lamont Speed (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 02/06/2020
  • DocketSummons on Complaint; Issued and Filed by: Miguel Martinez (Plaintiff); As to: Lamont Speed (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 02/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 20STLC01288 Hearing Date: November 3, 2021 Dept: 26

Martinez v. Speed, et\r\nal. 20STLC01288

ADDITIONAL\r\nDISCOVERY

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(CCP §§ 94, 95)

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TENTATIVE RULING:

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Defendant Lamont Speed’s Motion for Additional Discovery is GRANTED.

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ANALYSIS:

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On February 6, 2020, Plaintiff Miguel Martinez (“Plaintiff”) filed this\r\naction for general negligence and motor vehicle negligence against Defendant Lamont\r\nSpeed (“Defendant”). Plaintiff alleges that he was injured while receiving\r\ndialysis at Compton Community Hemodialysis Center when Defendant drove a vehicle through the wall of the Center. (Compl.,\r\n¶GN-1.) Defendant filed the instant Motion for Additional Discovery on October\r\n5, 2021. No opposition has been filed to date.

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Discussion

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Discovery in a limited jurisdiction action is permitted only to the\r\nextent provided by in Code of Civil Procedure section 94, which includes any\r\ncombination of 35 written discovery requests and one oral or written deposition.\r\n(Code Civ. Proc., § 94.) To obtain discovery beyond the extent permitted by\r\nsection 94,

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The\r\ncourt may, on noticed motion and subject to such terms and conditions as are\r\njust, authorize a party to conduct additional discovery, but only upon a\r\nshowing that the moving party will be unable to prosecute or defend the action\r\neffectively without the additional discovery. In making a determination under\r\nthis section, the court shall take into account whether the moving party has\r\nused all applicable discovery in good faith, and whether the party has\r\nattempted to secure the additional discovery by stipulation or by means other\r\nthan formal discovery.

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(Code Civ. Proc., § 95, subd. (a).) Defendant seeks to take an additional\r\ndeposition, after having already deposed Plaintiff. (Motion, Sharifi Decl., ¶7.)\r\nPlaintiff testified that Rosa Torres, an employee of the Center, was present at\r\nthe time of the accident. (Id. at ¶7 and Exh. D, pp. 31:20-32:4.)\r\nDefendant contends it is necessary to take Torres’ deposition to understand how\r\nthe accident occurred and what happened to Plaintiff during and after the\r\naccident. Defendant sought a stipulation for Torres’ deposition from Plaintiff\r\non July 15, 2021. (Id. at Exh. E.) Plaintiff never responded to the\r\nrequest. (Id. at ¶8.)

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The Court finds that Defendant’s Motion demonstrates the necessity of\r\nTorres’ deposition. As a witness present at the time of the accident, Torres’\r\ntestimony is crucial to Defendant’s defense. Nor does Plaintiff oppose the\r\ninstant motion.

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Conclusion

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Defendant Lamont Speed’s Motion for Additional Discovery is GRANTED.

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Moving party to give notice.

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