Judge: Daniel M. Crowley, Case: 20STCV28680, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV28680    Hearing Date: August 16, 2022    Dept: 28

Defendant Sun Bees, Group. Inc dba True Power Solar’s Motion to Compel Dean Woodregard to Comply with Deposition Subpoena for Records

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

BACKGROUND

On July 30, 2020, Plaintiffs Valerie Serna (“Valerie”) and Adrian Arthur Guevara Serna (“Adrian”) filed this action against Defendants True Power Solar, Inc. (“TPS”), Sun Bees Groups, Inc. (“SBG”), Sun Bees Group Inc dba True Power Solar (“SBG TPS”), Jeffery Lipham (“Lipham”), Jeffery Lipham dba John C. Lipham Construction, Inc. (“Construction”), Acme furniture (“AF”), Acme Furniture Industry, Inc. (“AFI”) and Acme Furniture, LLC (“AF LLC”) for wrongful death.

On December 1, 2020, AFI and AF LLC (“Acme” collectively) filed an answer. On June 8, 2021, Acme filed a Cross-Complaint against TPS, SBG, SBG TPS, Lipham and Construction for equitable indemnity, contribution, breach of contract, breach of contract – third party beneficiary and declaratory relief. On September 15, 2021, TPS, SBG and SBG TPS filed an answer.

On December 28, 2020, TPS, SBG, and SBG TPS filed an answer and a Cross Complaint against Lipham, Construction, AF, AFI and AF LLC for contractual indemnity, equitable indemnity, contribution, breach of contract and declaratory relief. Acme filed its answer on January 29, 2021. Lipham and Construction filed its answer on April 16, 2021.

On April 16, 2021, Lipham and Construction filed an answer and a Cross-Complaint against TPS, SBG, and SBG TPS for indemnity, contribution and apportionment and declaratory relief. They later amended the Cross-Complaint. Cross-Defendants answered on May 21, 2021.

On August 10, 2021, Plaintiff-in-Intervention Certain Underwrites at Lloyd’s of London (“PII”) filed a Complaint in Intervention against TPS, SBG, SBG TPS, Lipham and Construction for breach of contract, breach of contract – third party beneficiary and negligence. PII later dismissed TPS, without prejudice. On September 15, 2021, TPS, SBG and SBG TPS filed an answer. On November 10, 2021, Lipham and Construction filed an answer.

On December 29, 2021, SBG TPS filed a Motion to Compel Third Party Dean Woodgeard to Comply with Deposition Subpoena for Records to be heard on August 16, 2022.

PARTY’S REQUESTS

SBG TPS requests the Court order Third Party Dean Woodgeard (“Deponent”) to produce the subpoena records.

LEGAL STANDARD

If a deponent fails to answer any question or produce any document, the party seeking discovery may move the court for an order compelling that answer or production. CCP § 2025.480. A plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant. CCP § 2025.210. A deposition subpoena for only the production of records shall command compliance on a date no earlier than 20 days after issuance or 15 days after service, whichever date is later. CCP § 2020.410.

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.” CRC Rule 3.1300 states “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.”

DISCUSSION

SBG TPS provided proof of service on Deponent on August 5, 2022, complying with CRC Rule 3.1346.

SBG TPS served Deponent with a subpoena on August 16, 2021, with a production date of September 13, 2021. Deponent stated verbally that he had no records; SBG TPS asked him to sign an Affidavit of No Records. Deponent has never provided SBG TPS with a signed copy of such an affidavit. As such, the Court finds there is good cause to compel Deponent to comply with the subpoena.

CONCLUSION

Defendant Sun Bees, Group. Inc dba True Power Solar’s Motion to Compel Dean Woodregard to Comply with Deposition Subpoena for Records is GRANTED. Deponent is ordered to comply with the subpoena request 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.