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This case was last updated from Los Angeles County Superior Courts on 05/17/2021 at 01:13:32 (UTC).

CLEMENTE MARTINEZ-GONZALEZ VS C.W.DRIVER, INC., ET AL.

Case Summary

On 08/11/2020 CLEMENTE MARTINEZ-GONZALEZ filed a Personal Injury - Uninsured Motor Vehicle lawsuit against C W DRIVER, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0299

  • Filing Date:

    08/11/2020

  • 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

Presiding Judge

EDWARD B. MORETON

 

Party Details

Plaintiff

MARTINEZ-GONZALEZ CLEMENTE

Defendants and Cross Defendants

NELSON STEVEN STEWART

KIRKLEY CORPORATION

HUGHES AARON MICHAEL

C.W.DRIVER INC.

COTA NOLAN ANTHONY

Defendants, Cross Plaintiffs and Cross Defendants

KIRKLEY CORPORATION

HUGHES AARON MICHAEL

C.W.DRIVER INC.

Attorney/Law Firm Details

Plaintiff Attorney

GREEN HAROLD WAYNE

Defendant, Cross Defendant and Cross Plaintiff Attorneys

HIRSCH MICHAEL

AV SANDRA

ZIPPE KENT D.

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

5/14/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

Answer

12/31/2020: Answer

Application for Determination of Good Faith Settlement

12/31/2020: Application for Determination of Good Faith Settlement

Proof of Personal Service

12/2/2020: Proof of Personal Service

Motion for Protective Order

12/2/2020: Motion for Protective Order

Proof of Personal Service

12/2/2020: Proof of Personal Service

Answer

12/7/2020: Answer

Proof of Personal Service

11/13/2020: Proof of Personal Service

Answer

10/26/2020: Answer

Cross-Complaint

10/26/2020: Cross-Complaint

Summons - SUMMONS ON CROSS COMPLAINT

10/26/2020: Summons - SUMMONS ON CROSS COMPLAINT

Answer

10/14/2020: Answer

Cross-Complaint

10/14/2020: Cross-Complaint

Summons - SUMMONS CROSS-COMPLAINT

10/14/2020: Summons - SUMMONS CROSS-COMPLAINT

Summons - SUMMONS ON COMPLAINT

9/2/2020: Summons - SUMMONS ON COMPLAINT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

8/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

PI General Order

8/21/2020: PI General Order

Notice of Case Assignment - Unlimited Civil Case

8/11/2020: Notice of Case Assignment - Unlimited Civil Case

10 More Documents Available

 

Docket Entries

  • 08/08/2023
  • Hearing08/08/2023 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 02/08/2022
  • Hearing02/08/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/25/2022
  • Hearing01/25/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 05/14/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion for Protective Order - Held - Motion Denied

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  • 05/14/2021
  • DocketMinute Order ( (Hearing on Motion for Protective Order)); Filed by Clerk

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  • 12/31/2020
  • DocketApplication for Determination of Good Faith Settlement; Filed by Nolan Anthony Cota (Cross-Defendant)

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  • 12/31/2020
  • DocketAnswer; Filed by Nolan Anthony Cota (Cross-Defendant)

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  • 12/07/2020
  • DocketAnswer; Filed by Steven Stewart Nelson (Cross-Defendant); C.W. Driver, LLC Erroneously Sued As C.W.Driver, Inc. (Cross-Defendant)

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  • 12/02/2020
  • DocketMotion for Protective Order; Filed by C.W. Driver, LLC Erroneously Sued As C.W.Driver, Inc. (Defendant)

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  • 12/02/2020
  • DocketProof of Personal Service; Filed by Aaron Michael Hughes (Cross-Complainant); Kirkley Corporation (Cross-Complainant)

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6 More Docket Entries
  • 10/14/2020
  • DocketNotice of Posting of Jury Fees; Filed by C.W. Driver, LLC Erroneously Sued As C.W.Driver, Inc. (Defendant)

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  • 10/14/2020
  • DocketAnswer; Filed by C.W. Driver, LLC Erroneously Sued As C.W.Driver, Inc. (Defendant)

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  • 10/14/2020
  • DocketSummons (Cross-Complaint); Filed by C.W. Driver, LLC Erroneously Sued As C.W.Driver, Inc. (Defendant)

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  • 10/08/2020
  • DocketAnswer; Filed by Kirkley Corporation (Defendant); Aaron Michael Hughes (Defendant)

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  • 09/16/2020
  • DocketCivil Case Cover Sheet; Filed by Clemente Martinez-Gonzalez (Plaintiff)

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  • 09/02/2020
  • DocketSummons (on Complaint); Filed by Clemente Martinez-Gonzalez (Plaintiff)

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  • 08/21/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 08/21/2020
  • DocketPI General Order; Filed by Clerk

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  • 08/11/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 08/11/2020
  • DocketComplaint; Filed by Clemente Martinez-Gonzalez (Plaintiff)

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Tentative Rulings

Case Number: 20STCV30299    Hearing Date: May 14, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CLEMENTE MARTINEZ-GONZALEZ,

Plaintiff,

vs.

C.W. DRIVER, INC., et al.,

Defendants.

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20STCV30299

[TENTATIVE] ORDER RE: DEFENDANT C.W. DRIVER, LLC’S MOTION FOR PROTECTIVE ORDER

Dept. 27

  1. Introduction and Procedural Background

On August 11, 2020, Plaintiff Clemente Martinez-Gonzalez filed this action against C.W. Driver, LLC (“C.W. Driver”) (erroneously sued as “C.W. Driver, Inc.”), Steven Stewart Nelson (Nelson), Kirkley Corporation (“Kirkley”), and Aaron Michael Hughes (“Hughes”) arising from a June 26, 2019 motor vehicle collision.  

On October 14, 2020, C.W. Driver filed a cross-complaint against Hughes, Kirkley, and Nolan Anthony Cota (“Cota”) for contribution, indemnity, declaratory relief, and apportionment of fault. On October 26, 2020, Kirkley and Hughes filed a cross-complaint against C.W. Driver, Nelson, and Cota.

  1. Motion for Protective Order

On November 4, 2020, Plaintiff served a notice of deposition of Dr. Vu Le scheduled for December 4, 2020.  (Def.’s Ex. C.)  C.W. Driver, Inc. and Nelson (collectively, “Defendants”) filed this Motion for a protective order on December 2, 2020 after Plaintiff’s counsel refused to take the deposition off-calendar. Defendants contend that deposing Dr. Le at this time would be unfairly prejudicial because Defendants have not yet had a reasonable opportunity to obtain Plaintiff’s records from Dr. Le and other treating physicians.  Furthermore, defense counsel states that they are unavailable on December 4, 2020.  

Code of Civil Procedure, section 2025.420, subdivision (a) provides, in relevant part: “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.”¿ (Code Civ. Proc., § 2025.420,¿subd. (a).)¿ “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.”¿ (Id., § 2025.420,¿subd. (b).)¿ “The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.”¿ (Code Civ. Proc., § 2017.020.)¿¿¿

The Court notes that the Notice of Deposition is insufficient to compel Dr. Le’s attendance at a deposition and that it was not served on Dr. Le.  Nevertheless, the Court also recognizes that Dr. Le is being produced as Plaintiff’s witness and therefore, there is no anticipated reason Dr. Le’s attendance would need to be compelled.  However, because there is no subpoena, it is unclear whether Dr. Le is being produced as an expert witness or as a percipient expert/fact witness.  If Dr. Le is being produced as the former, such expert discovery seems to be premature. 

Defendants argues that they have not had an opportunity to secure and review Plaintiff’s medical records before the incident and that allowing the deposition would leave them at a disadvantage because they would not be able to meaningfully question Dr. Le. However, at the time the Motion was filed, Defendants had only appeared in the action two months earlier on October 14, 2020.  This Motion is now being heard seven months after Defendants made its appearance.  Without additional information, Defendant’s contention that it has not had time to obtain Plaintiff’s medical records is unpersuasive at this point.   

Furthermore, Defendant’s Motion for a protective order is too vague.  The Notice of Motion requests that the deposition be rescheduled to a new date and time that allows Defendant the “reasonable opportunity and ability” to obtain the relevant records necessary to permit Defendants to adequately prepare for and meaningfully participate in the deposition.  The Court does not know whether Defendants have served subpoenas on Plaintiff’s medical providers, how many providers they are waiting on, or when production of those records is expected.  It is impossible for the Court to determine what a “reasonable opportunity” is without such information from Defendants.  

  1. Conclusion

Defendant’s Motion is DENIED without prejudice. 

Moving party to give notice.

14th day of May 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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