Motion to Quash
Motion for Summary Judgment
 

Just a day or two under two years prior to filing Plaintiffs application to the court, I was involved in an automobile accident where I was parked and struck from the rear.  I was conveyed to the hospital, and my automobile was damaged.

I believe that I paid for insurance, and that my damages and medical bills should have been covered under the insurance policy that I believed I had purchased for myself.  In the two year period prior to filing in this court, the insurance policy has paid nothing to me, but, it would appear, did obtain money from the insurance company covering the party's vehicle that struck me.

I obtained the service of an attorney, who informed me that it would cost more to take the insurance company to court than I would receive as a settlement.  That cost me $300 to find out.  I repeated that experience with another attorney.  Neither was successful in attempting to obtain any form of settlement with my insurance company.

As a last resort, I filed near the last day of the two year period of limitations in this court, a small claims action.

Now I am converged upon by defendant's attorney a motion for jury trial, and defendants requests for production, for disclosure, for interrogatories; all materials which the defendants already have copies of (there has been much personal contact at defendant's office and exchange of paperwork over the two years as concerns the action made the basis of this suit).  Further, defendant's attorney demands my employment records, contracts, personnel information, payroll records, medical records, physicals, applications for employment, terminations or resignations, federal income taxes, W-2 forms, IRS schedules, drivers license, social security card, signed original driving record authorization, former addresses, "all other records in your possession" and "all statements made".

Compliance provides an unnecessary burden, and also cause me further injury from loss of income due to time spent in unnecessary and irrelevant discovery, as well as loss of productivity to my employer because of the distraction from his work, which could lead to loss of employment, as well as probable damages for re-employments by past employers bothered under irrelevant discovery (I am a consultant).

Since small claims court is an informal process, and since the defendant is already aware of all pertinent issues concerning plaintiff's filings, I would ask the court to grant relief and quash the requests filed by defendant, because pertinent discovery has already taken place, and because discovery sought is irrelevant.

Further, to request of the court a summary judgment based on the evidence produced by each of the parties as concerns each of the points claimed in the filing by plaintiff.

This should be a simple case based on whether there was an automobile accident, whether I was in any way at fault thereby establishing my liability, whether I had insurance coverage sufficient to cover my damages, whether my insurance company did by themselves independently set the amount of those damages by ignoring legitimate professional repair service inspections and statements of damages, whether I was injured, what the medical related bills were, whether my insurance did go claim subrogation against the other party's carrier, what my insurance carrier did with the money that they received from the other party's carrier; and whether my insurance carrier should pay damages to me and in what amount.

My understanding of small claims court is the intention to provide the little person who cannot afford an attorney an equal opportunity under the law to come to court and show evidence and receive a pronouncement, and, if warranted, a settlement decision.  I believe that defendant's discovery goes well beyond what is required to form a defense, that he already has all information which will be presented against him, and is motivated into receiving irrelevant materials and information which can be damaging to the employment and future employability of plaintiff.

I pray the court to set a date for summary judgment based on the evidence presented as concerns the specific points of Plaintiff's original filing.
 

Respectfully
 
 
 

B. Keith Peshak
Plaintiff