Judge: Upinder S. Kalra, Case: 22STCP03972, Date: 2023-01-31 Tentative Ruling
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Case Number: 22STCP03972 Hearing Date: January 31, 2023 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: January
31, 2023
CASE NAME: TLD Transport, Inc., v. Veronica Prado,
et al.
CASE NO.: 22STCP03972
PETITION
FOR ORDER AUTHORIZING PRESEVATION OF EVIDENCE
MOVING PARTY: Petitioner TLD Transport, Inc.
RESPONDING PARTY(S): Veronica Prado and Anthony
Narango
REQUESTED RELIEF:
1. An
order requiring Respondents to: (1) Submit to independent medical exam, (2) Provide
name, address, and telephone numbers of health care providers (3) Allow
Petitioner to issue deposition subpoenas to healthcare providers
TENTATIVE RULING:
1. Petition
for Order Authorizing Preservation of Evidence is DENIED, as moot.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
On November 4, 2022, Petitioner TLD Transport (“Petitioner”)
filed the current Petition for Order Authorizing Preservation of Evidence
against Respondents Veronica Prado and Anthony Narango. The Petition requests
that the Court require the Respondents to submit to a medical exam, provide the
contact information for healthcare providers who examined or treated
Respondents, and allow Petitioner to submit these healthcare providers. The
Petition states that Petitioner is expected to be a defendant in a personal
injury action from an incident in November 2021, involving a vehicle and
tractor trailer collision.
On January18, 2023, Respondent Prado filed an Opposition.
LEGAL STANDARD
California Code of Civil Procedure § 2035.010 allows for an
expected adverse party to obtain discovery. Under § 2035.030, a person who is
an “expected adverse party” wants to preserve evidence may file a petition with
the court to do so. Under subsection (b) of the same statute, the Petition must
set for the following:
(1)
The expectation that the petitioner or the petitioner's successor in interest
will be a party to an action cognizable in a court of the State of California.
(2)
The present inability of the petitioner and, if applicable, the petitioner's
successor in interest either to bring that action or to cause it to be brought.
(3)
The subject matter of the expected action and the petitioner's involvement. A
copy of any written instrument the validity or construction of which may be
called into question, or which is connected with the subject matter of the
proposed discovery, shall be attached to the petition.
(4)
The particular discovery methods described in Section 2035.020 that the
petitioner desires to employ.
(5)
The facts that the petitioner desires to establish by the proposed discovery.
(6)
The reasons for desiring to perpetuate or preserve these facts before an action
has been filed.
(7)
The name or a description of those whom the petitioner expects to be adverse
parties so far as known.
(8)
The name and address of those from whom the discovery is to be sought.
(9)
The substance of the information expected to be elicited from each of those
from whom discovery is being sought.
ANALYSIS:
Petitioner Transport moves to have
the Court preserve evidence and order the Respondents to (1) submit to a
medical exam, (2) provide the contact information for medical providers who
have examined or treated Respondents, and (3) allow deposition subpoenas to be
filed on those medical providers.
In the Petition, Petitioner asserts
that it expects to be a defendant in personal injury matter, but currently
“lacks any alternative means of obtaining an order for preservation and/or
requesting n independent medical examination and issuing deposition subpoenas”
without the use of the court. (Petition ¶ 1-2.)
In Opposition, Respondent Prado
argues that this petition is defective and should be overruled for four main
reasons. One, the discovery requested is not required of Respondents before
filing a lawsuit. Two, Petitioner has received updates about Respondent’s
diagnosis. Three, this is an effort to ascertain a possible defense. And
lastly, the petition is moot as Respondents have filed an action. (Opp. 3, Ex.
1.)
The Court finds that the current
Petition is MOOT. While the Petitioner initially filed this petition as an
expected adverse party, as of January 25, 2023, there is a current matter filed
under Case No. 23AHCV00075, in the Alhambra Courthouse. Further, looking at the
docket for that case, it appears that Petitioner has filed an Answer. Thus,
this Petition is MOOT.
Petition for Order Authorizing
Preservation of Evidence is DENIED, as moot.
Conclusion:
For
the foregoing reasons, the Court decides the pending motion as follows:
Petition for Order Authorizing
Preservation of Evidence is DENIED, as moot.
Moving party is to give notice.
IT IS SO ORDERED.
Dated: January
31, 2023 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court