Judge: Daniel M. Crowley, Case: 21STCV07478, Date: 2023-02-08 Tentative Ruling
Case Number: 21STCV07478 Hearing Date: February 8, 2023 Dept: 28
Defendant FAA Beverly Hills, Inc.’s Motion to Compel Third-Party Paulseth and Associates Physical Therapy, Inc.’s Compliance with Subpoena for Records
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On February 24, 2021, Plaintiff Christopher Klapp (“Plaintiff”) filed this action against Defendants Beverly Hills BMW (“BMW”), FAA Beverly Hills, Inc. (“FAA”), Sonic Automotive Inc. (“SA”) and Beverly Hills BMW Service Center (“BMW SC”) for motor vehicle negligence and general negligence.
On July 26, 2021, Plaintiff filed the FAC, changing motor vehicle negligence to premises liability.
On July 29, 2021, BMW, SA, and BMW SC were dismissed. On September 10, 2021, FAA filed an answer.
On December 8, 2022, FAA filed a Motion to Compel Third Party Paulseth and Associates Physical Therapy, Inc.’s Compliance with Subpoena to be heard on February 8, 2023.
Trial is currently scheduled for April 14, 2023.
PARTY’S REQUESTS
FAA requests that the Court order Third-Party Paulseth and Associates Physical Therapy, Inc. (“Deponent”) to comply with the subpoena for records. Intervenor also requests the Court impose sanctions totaling $3,582.50.
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 physical trainers following the subject incident. On February 7, 2022, FAA served a deposition subpoena on Deponent with a production date of February 25, 2022. No objections were made, and no documents were produced. The Court grants the motion.
FAA requests sanctions totaling $3,582.50 based upon 12 hours of attorney’s work, at a rate of $300.00 per hour. .4 hours were spent preparing the deposition subpoena, .2 hours discussing the issue with clients, 6.4 hours were spent drafting the motion, 1 hour is anticipated reviewing any opposition, 3 hours are anticipated in preparing a reply and 1 hour is anticipated in preparing for the hearing. The Court notes this motion is unopposed, and that the Court will not award sanctions based on time spent serving the subpoena or discussing issues with clients. The Court awards sanctions totaling $900.00, based on 3 hours of attorney’s work.
CONCLUSION
Defendant FAA Beverly Hills, Inc.’s Motion to Compel Third-Party Paulseth and Associates Physical Therapy, Inc.’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.
Defendant FAA Beverly Hills, Inc.’s Request for Sanctions is GRANTED. Deponent is ordered to pay FAA and FAA’s counsel $900.00 in sanctions within 30 days of the hearing on the motion pursuant to Code of Civil Procedure section 2025.480.
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.