Judge: Daniel M. Crowley, Case: 19STCV02461, Date: 2022-09-20 Tentative Ruling

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Case Number: 19STCV02461    Hearing Date: September 20, 2022    Dept: 28

Intervenor Helmsman Third Party Administrator’s Motion to Compel Third-Party Brentview Medical Urgent Care’s Compliance with Subpoena for Records

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On January 24, 2019, Plaintiff Sampuran Sandhu (“Plaintiff”) filed this action against Defendants Ahmadi Masoumeh (“Defendant”) for motor vehicle negligence.

On February 16, 2022, Intervenor Helmsman Third Party Administrator (“Intervenor”) filed an answer on behalf of Defendant.

On June 24, 2022, Intervenor filed a Motion to Compel Third Party Brentview Medical Urgent Care’s Compliance with Subpoena to be heard on September 20, 2022.

Trial is currently scheduled for February 7, 2023.

PARTY’S REQUESTS

Intervenor requests that the Court order Third-Party Brentview Medical Urgent Care (“Deponent”) to comply with the subpoena for records. Intervenor also requests the Court impose sanctions totaling $1,430.00.

LEGAL STANDARD

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (CCP § 2020.010.) A deposition subpoena may command the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (CCP § 2020.020.) The Court may order a third party to comply with a deposition subpoena upon any terms or condition as the court shall declare. (CCP § 1987.1.)

CRC Rule 3.1346 states “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”

DISCUSSION

Deponent was identified as one of Plaintiff’s treating medical providers for the subject incident. On April 19, 2022, Defendant served a deposition subpoena on Deponent with a production date of May 9, 2022.  No objections were made and no documents were produced. Brentview Medical was personally served with the motion.  The Court grants the motion.

Intervenor requests sanctions totaling $1,430.00 based upon 7 hours of attorney’s work, at a rate of $195.00 per hour, and one $65.00 filling fee. 4 hours were spent preparing the motion, 2 hours intended to be spent on a reply, and 1 hour for the hearing on this motion. The Court grants $650.00 in sanctions, based upon 3 hours of attorney’s work and a filling fee.

CONCLUSION

Intervenor Helmsman Third Party Administrator’s Motion to Compel Third-Party Brentview Medical Urgent Care’s Compliance with Subpoena for Records is GRANTED. Deponent is ordered to produce the requested records within 30 days of the hearing on the motion.

Intervenor Helmsman Third Party Administrator’s Request for Sanctions is GRANTED. Deponent is ordered to pay Intervenor and Intervenor’s counsel $650.00 in sanctions within 30 days of the hearing on the motion.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.