Judge: Audra Mori, Case: 21STCV30843, Date: 2022-09-26 Tentative Ruling

Case Number: 21STCV30843    Hearing Date: September 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ramon Bedolla (“Plaintiff”), et al. filed this action against Defendant Ronni Yoon (“Defendant”) for damages arising out of an automobile accident. 

Defendant asserts that Plaintiff identified Conscious Chiropractic Care as his treating provider for injuries Plaintiff sustained because of the accident.  Defendant asserts he thus issued a deposition subpoena for production of business records on Conscious Chiropractic Care on November 1, 2021, requesting Plaintiff’s complete medical records for the relevant body parts that he claims were injured.  Defendant asserts that no objection or other response to subpoena was received, and Conscious Chiropractic Care has not complied and produced the requested records. 

Defendant now moves to compel Conscious Chiropractic Care to comply with the subpoena and produce the requested records. 

             However, while Defendant’s motion and the attached declaration of defense counsel reference certain exhibits, no exhibits are attached to the moving papers or declaration for the court to review.  There is insufficient evidence submitted to establish Defendant properly issued and served the subject subpoena and notice to consumer.  In a motion proceeding, the moving party has the burden of proving every fact essential to the relief requested.  (Evid. Code § 500; see also Corns v. Miller (1986) 181 Cal.App.3d 195, 200.) 

            Therefore, Defendant’s motion is denied.  The denial is without prejudiced to Defendant re-filing the motion with the referenced exhibits.

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 26^th day of September 2022