Judge: Armen Tamzarian, Case: BC682157, Date: 2022-12-15 Tentative Ruling

Case Number: BC682157    Hearing Date: December 15, 2022    Dept: 52

Defendant Starr Indemnity and Liability Company’s Motion to Compel Compliance with Deposition Subpoena of Karen Uchiyama, Individually and as the Person Most Knowledgeable of Law Offices of Karen Y. Uchiyama

Defendant/cross-complainant Starr Indemnity and Liability Company moves to compel non-parties Karen Uchiyama and the Law Offices of Karen Uchiyama to comply with subpoenas to appear and produce documents at deposition. “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information… at the taking of a deposition, the court, upon motion” may “direct[] compliance” with the subpoena “upon those terms or conditions as the court shall declare.” (CCP § 1987.1(a).)

Three times, Uchiyama and Starr stipulated to continue the hearing on this motion. They stipulated that in August, Uchiyama produced documents and began her deposition but did not complete it. (Nov. 3, 2022, Stipulation, ¶¶ 5-6.) They agreed to “hold the mutually convenient date of November 30, 2022, to complete the deposition.” (Id., ¶ 12.) Neither Starr nor Uchiyama has submitted any new papers stating whether the deposition went forward on that day.

At this point, the record shows Uchiyama has not completed her deposition. She did not oppose this motion and has provided no reason why the court should not compel her to comply with the deposition subpoenas.

The court exercises its discretion to deny monetary sanctions under Code of Civil Procedure section 1987.2(a).

Disposition

Defendant/cross-complainant Starr Indemnity and Liability Company’s motion to compel compliance with deposition subpoenas of Karen Uchiyama, individually and as the person most knowledgeable of Law Offices of Karen Y. Uchiyama is granted.

Non-party Karen Uchiyama is ordered to appear for her deposition as an individual and as the person most knowledgeable of the Law Offices of Karen Y. Uchiyama within 15 days. Karen Uchiyama and the Law Offices of Karen Y. Uchiyama are ordered to produce the requested documents at or before the deposition