Defendant Urijah Aceves’ Motion for Additional Discovery is granted.

Discussion

On January 20, 2017, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this automobile subrogation action against Defendant Urijah Aceves (“Defendant”). Defendant now moves for additional discovery pursuant to Code of Civil Procedure section 95. To date, no opposition has been filed. The original trial date of July 20, 2018 was continued to November 18, 2018, with motion and discovery cutoffs to trail.

Discovery in a limited action is permitted only to the extent provided by in Code of Civil Procedure section 94, which includes one oral or written deposition. (Code Civ. Proc., § 94, subd. (b).) Under Code of Civil Procedure section 95, subdivision (a),

The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the ac