Judge: Anne Hwang, Case: 21STCV29630, Date: 2023-10-24 Tentative Ruling

Case Number: 21STCV29630    Hearing Date: October 24, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On February 14, 2023, Defendants Quick Silver Towing, Inc. and Javier Espinoza (Defendants) filed this motion to compel subpoenas for records sent to non-party Diagnostic Imaging Networks (DIN). No opposition has been filed.

LEGAL STANDARD

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.¿ (Code Civ. Proc., § 2020.010.)¿ A deposition subpoena may command either: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things.¿ (Code Civ. Proc., § 2020.020.)¿  

A motion to compel compliance with a deposition subpoena must be made within 60 days after completion of the deposition record, the date objections are served, or the date specified for production, and be accompanied by a meet and confer declaration. (Code Civ. Proc., §2025.480, subd., (b); Board of Registered Nursing v. Sup.Ct. (Johnson & Johnson) (2021) 59 CA5th 1011, 1032-1033.) 

A “written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail¿or electronic service¿at an address¿or electronic service address¿specified on the deposition record.”¿ (Cal. Rules of Court, Rule 3.1346.) 

MEET AND CONFER

            Defendants characterize the letters that their legal copy service company sent to DIN as a “meet and confer.” (Dorenfeld Decl. ¶ 20.) These efforts were insufficient, but the Court excuses the procedural defect.

DISCUSSION

Defendants represent that the subject subpoenas served on DIN had a production date of July 25, 2022. Therefore, the last day to bring a motion under section 2025.480 to compel production was September 23, 2022. Since this motion was filed on February 14, 2023, it is untimely. The Court further notes that the motion was not personally served on the nonparty. The motion is denied pursuant to Code of Civil Procedure section 2025.480(b).

CONCLUSION AND ORDER

Therefore, the Court DENIES Defendants’ motion to compel compliance with the subpoenas.   

Defendants shall provide notice of the Court’s ruling and file a proof of service of such.