Judge: Daniel M. Crowley, Case: 21STCV01177, Date: 2022-08-17 Tentative Ruling
Case Number: 21STCV01177 Hearing Date: August 17, 2022 Dept: 28
Intervenor United Financial Causalty Company’s Motion to Compel Deposition of Third-Party Hawthorne Surgery Center’s PMK; Intervenor United Financial Causalty Company’s Motion to Compel Deposition of Third-Party Hawthorne Surgery Center’s Custodian of Records.
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On January 12, 2021, Plaintiff Luis A. Veliz (“Plaintiff”) filed this action against Defendants Chatillo Trucking, Inc. (“Chatillo”), Adalberto Chavez (“Chavez”), and Cesar Gonzalez (“Gonzalez”) for motor vehicle negligence and general negligence.
Chatillo and Chavez filed their answer on September 16, 2021. Gonzalez answered on December 16, 2021.
On April 29, 2022, Complainant-in-Intervention United Financial Casualty Company (“Intervenor”) filed an answer on behalf of Defendants.
On July 22, 2022, Intervenor filed a Motion to Compel the Deposition of Third-Party Hawthorne Surgery Center’s PMK to be heard on August 17, 2022. On August 4, 2022, Plaintiff filed an opposition. On August 10, 2022, Intervenor filed a reply.
On July 22, 2022, Intervenor filed a Motion to Compel the Deposition of Third-Party Hawthorne Surgery Center’s Custodian of Records to be heard on August 17, 2022.
Trial is currently scheduled for September 14, 2022.
PARTY’S REQUESTS
Intervenor requests that the Court order Third-Party Hawthorne Surgery Center (“Deponent”) to produce a PMK to appear for a deposition within 10 days of the hearing on the motion. Intervenor also requests that the Court order Deponent to produce a custodian of records to appear for a deposition within 10 days of the hearing on the motion.
Plaintiff requests the Court deny the motion regarding the PMK.
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
At this point, the Court asks whether the motions are moot in light of the depositions having been taken.
If not, the motions are missing proofs of service on the deponents. In Intervenor’s moving papers for both motions, Intervenor noted that Deponent was to be served via personal service, with “proof of service to be filed separately.” In reviewing the on-file documents, the Court sees no proof of service upon Deponent. In addition, the Court notes that Third Party is not even listed in the service list on the reply brief. In the event the motions are not moot, the Court continues the motion so that Intervenor can file proper proof of service for the Deponent.
CONCLUSION
Intervenor United Financial Causalty Company’s Motion to Compel Deposition of Third-Party Hawthorne Surgery Center’s PMK is CONTINUED to August 25, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.
Intervenor United Financial Causalty Company’s Motion to Compel Deposition of Third-Party Hawthorne Surgery Center’s Custodian of Records is CONTINUED to August 25, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.
Intervenor is ordered to file proof of service at least 3 Court days before 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.