Judge: Alison Mackenzie, Case: 23STCV02102, Date: 2024-05-28 Tentative Ruling

Case Number: 23STCV02102    Hearing Date: May 28, 2024    Dept: 55

NATURE OF PROCEEDINGS: Plaintiffs’ Motion to Compel Devion Furniture’s Compliance with Business Records Subpoena, and Request for Sanctions of $918.

BACKGROUND

LILOLA HOME LLC and LAKUTA INC. (“Plaintiffs”) filed a Complaint against OAH FURNITURE INC. et al. (“Defendants”), alleging that Defendants are alter egos and breached written contracts Plaintiffs entered into with Defendant OADEER HOME, including by selling their furniture to Plaintiff’s clients. The causes of action are (1) Breach of the Commission Agreement, (2) Breach of the NDA, (3) Breach of the Supplier and Distributor Agreement, (4) Breach of the Implied Covenant of Good Faith and Fair Dealing, (5) Fraud, (6) Intentional Interference with Contractual Relations, (7) Violation of Cal. Bus. & Prof. Code § 17200; and (8) Conspiracy.

Plaintiffs have filed a motion requesting an order compelling nonparty Devion Furniture (“Devion”) to comply with a business records subpoena, and imposing $918 in moentary sanctions.

LEGAL STANDARD

A party may bring a motion to compel a non-party witness to obey a deposition subpoena. Person v. Farmers Ins. Group of Cos. (1997) 52 Cal.App.4th 813, 818.

“If the party seeking a monetary sanction meets its burden of proof, the burden shifts to the opposing party attempting to avoid a monetary sanction to show that it acted with ‘substantial justification.’” Doe v. U.S. Swimming, Inc. (2011) 200 Cal.App.4th 1424, 1435.

ANALYSIS

According to the declaration of Ryan Davis, after personal service on its agent, Devion did not respond to the deposition subpoena for production of business records or to Plaintiffs’ meet-and-confer efforts. Nor did Devion file any opposition to the properly served motion.

Therefore, the Court will order Devion to comply with the subpoena attached to the declaration as exhibit 1, albeit with an updated date of compliance.

CONCLUSION

The Court grants the unopposed motion, as prayed.

On or before 6/28/24, deponent Devion shall comply with the deposition subpoena that is attached to the declaration of Ryan Davis as exhibit 1, as modified hereby with regard to the extended date.

Additionally, on or before that same date, Devion shall pay discovery sanctions in the sum of $918.00 to Plaintiffs, the Court finding the absence of substantial justification. E.g., Code Civ. Proc., § 2023.030.