Judge: Audra Mori, Case: 19STCV30622, Date: 2022-09-08 Tentative Ruling

Case Number: 19STCV30622    Hearing Date: September 8, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Dashiell Hammett (“Plaintiff”), a minor by and through his guardian ad litem, Sahar Malek, filed this action against Defendant, Southern California Alcohol and Drug Programs, Inc. (“Defendant”) for injuries related to Plaintiff’s alleged fall from a changing table while under Defendant’s care.  The complaint alleges causes of action for (1) negligence and (2) respondeat superior/vicarious liability. 

Defendant, at this time, moves to compel non-parties Brandon Hammett’s (“Brandon”) and Melissa Hammett’s (“Melissa”) compliance with a deposition subpoena for personal appearance and production of documents served upon each of them.  The motion is unopposed.

Defendant asserts that Brandon and Melissa are Plaintiff’s biological parents, and that Plaintiff alleges that at the time of the incident, Melissa was attending therapy services at Defendant’s facility while another patient was watching him.  Defendant attests Brandon and Melissa were personally served with deposition subpoenas but failed to appear for their noticed depositions. 

The Court cannot locate proof of service attached to the moving papers showing that they have been served on Plaintiff, Brandon and Melissa.  Furthermore, Per California Rules Court, Rule 3.1346, when moving to compel a non-party to comply with a deposition subpoena, all moving papers must be served on the non-party by personal service.  Defendant must file proof of service showing personal service of the motions on Brandon and Melissa.  While Defendant filed a declaration of a process server stating that he served “legal papers” on Brandon and Melissa, this appears to pertain to service of the deposition subpoenas only.  

Based on the foregoing, the motion is therefore denied without prejudice.

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 8^th day of September 2022