Judge: Armen Tamzarian, Case: 21STCV02330, Date: 2023-09-29 Tentative Ruling

Case Number: 21STCV02330    Hearing Date: September 29, 2023    Dept: 52

Plaintiff Jimmy Guzman’s Motion to Quash Subpoena

Plaintiff Jimmy Guzman filed and served a notice of motion to quash the deposition subpoena for personal appearance and production of business records to Dr. Ben Tantayanubutr, M.D. 

Plaintiff’s motion is procedurally defective.  He filed only the notice of motion.  He did not file the motion itself nor a memorandum in support of the motion as required.  (Cal. Rules of Court, rule 3.1112(a)(2), (3).)  “A party filing a motion … must serve and file a supporting memorandum.  The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial.”  (Cal. Rules of Court, rule 3.1113(a).)

Plaintiff also did not file a copy of the deposition subpoena or otherwise state what the subpoena demands.  A party filing a motion “to quash the production of documents or tangible things at a deposition” generally must file a separate statement (Cal. Rules of Court, rule 3.1345(a)(5)) “that provides all the information necessary to understand each discovery request” (rule 3.1345(c)).  The court cannot rule on the merits of this motion without knowing what the subpoena demands.      

Plaintiff Jimmy Guzman’s motion to quash subpoena is denied.