Judge: Michael Shultz, Case: 25STCP00026, Date: 2025-05-15 Tentative Ruling
Case Number: 25STCP00026 Hearing Date: May 15, 2025 Dept: 40
25STCP00026
Infinity Insurance Company v. Beatriz Martinez
[TENTATIVE] ORDER GRANTING MOTION OF
PETITIONER, INFINITY INSURANCE COMPANY, TO OBTAIN CELLULAR PHONE RECORDS FROM
T-MOBILE OR ALTERNATIVELY, TO ENFORCE DEPOSITION SUBPOENA
Petitioner commenced this action for the
purpose of enforcing subpoenas issued in its investigation of an insurance
claim submitted by its insured. The insurer’s cell phone provider will not produce
records without a subpoena.
Petitioner
served the motion on Respondent, who did not file an opposition.
An insurer’s ability
to conduct discovery in its investigation with its insured is governed by the
Insurance Code. The court has jurisdiction to decide discovery issues. (Ins.
Code, § 11580.2 subd. (f)(2).) (Miranda
v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920–921 [ "The
statute also permits the attorney of a party to the arbitration to issue
subpoenas pursuant to section 1985 of the Code of Civil Procedure. Importantly,
the statute then adopts the California Civil Discovery Act in its entirety. ‘Article
3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code
of Civil Procedure shall be applicable to these determinations, and all
rights, remedies, obligations, liabilities and procedures set forth in
Article 3 shall be available to both the insured and the insurer at any time
after the accident, both before and after the commencement of arbitration,
if any.” (§ 11580.2, subd. (f), italics added.)"].)
Based on the
foregoing, Petitioner’s motion is GRANTED.