Judge: Audra Mori, Case: 20STCV46377, Date: 2022-10-04 Tentative Ruling

Case Number: 20STCV46377    Hearing Date: October 4, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Srboui Nazarian (“Plaintiff”) filed this action against Defendant Hazeltine & Wyandotte LP (“Defendant”) for injuries relating to Plaintiff’s slip and fall at Defendant’s apartment building. 

Plaintiff asserts that at the time of the incident, Defendant’s building was being manage by Sara Moskovich (“Moskovich”).  On June 4, 2022, Plaintiff served Moskovich with a deposition subpoena requiring Moskovich’s attendance at a deposition and production of documents.  Plaintiff asserts that Moskovich confirmed to defense counsel that she would appear at the deposition, but that on the date of the deposition, Moskovich did not appear.  

Plaintiff, at this, time moves to compel non-party Moskovich to comply with the deposition subpoena served on her to appear for deposition and produce documents requested in the subpoena.  Plaintiff has filed proof of service of the motion on Defendant, and proof of personal service on Moskovich.  The motion is unopposed. 

The service of a deposition notice, pursuant to CCP § 2025.240, is effective to require any party deponent to attend, testify, and produce materials for inspection at a deposition.  (CCP § 2025.280(a).)  To require the attendance and testimony of a non-party deponent, as well as his or her production of any document or tangible thing for inspection and copying, the party seeking discovery must serve on that deponent a deposition subpoena, pursuant CCP § 2020.010, et seq.  (CCP §§ 2020.010(b), 2025.280(b); See also Sears, Roebuck & Co. v. National Union Fire Insurance Company of Pittsburgh (2005) 131 Cal.App.4th 1342, 1350 [discovery from nonparties is governed by CCP §§ 2020.010, et seq., and is primarily carried out by way of subpoena].) 

If a deponent fails to answer any question or to produce any document, the party seeking discovery may move the court for an order compelling that answer or production.  (CCP § 2025.480(a).)  If the court determines that the answer or production sought is subject to discovery, it shall order that the answer be given or the production be made on the resumption of the deposition.  (CCP § 2025.480(i).) 

Here, Plaintiff avers that Moskovich, as the building manager at the time of the incident, will have relevant information concerning the management and maintenance of the building leading up to the incident.  Further, Plaintiff contends Moskovich will know about the incident itself, and any prior complaints of slip and falls prior to Plaintiff’s incident.  Plaintiff’s evidence shows that Plaintiff served a deposition subpoena on Moskovich requiring Moskovich to appear for her deposition with requested documents, but Moskovich failed to appear.  There has been no objection filed to the subpoena, nor has a motion to quash been filed. 

The unopposed motion to compel Moskovich to comply with the deposition subpoena is granted.  Moskovich is ordered to appear for deposition, along with the documents requested in the subpoena, at a date, time, and location to be noticed by Plaintiff.  Plaintiff must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service).   

No sanctions are requested, and none are awarded.

Plaintiff 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 4^th day of October 2022