Judge Daniel M. Crowley, Case Number: 23STCP04121, Date: 2024-04-22 Tentative Ruling

Petitioner North Light Specialty Insurance Company’s unopposed motion to compel Non-party Insomnia Medical Center, Inc. to comply with a deposition subpoena for the production of business records is denied.

Petitioner North Light Specialty Insurance Company (“North Light”) (“Petitioner”) moves unopposed for this Court to compel Non-party Insomnia Medical Center, Inc. (“Insomnia”) to comply with its Deposition Subpoena for Production of Business Records. (Notice of Motion, pgs. 2; C.C.P. §§1987.1, 2020.220.)

Petitioner also requests sanctions in the amount of $875.00. (Notice of Motion, pgs. 2; C.C.P. §§1992, 2023.030(a).) Petitioner also states it is entitled to forfeiture of monies in the statutory amount of $500.00. (Notice of Motion, pgs. 2; C.C.P. §1992.)

This matter arises out a motor vehicle accident (“Incident”), which allegedly occurred on or about July 14, 2021, on Washington Boulevard and La Brea Avenue in Los Angeles, California. Respondent Rigo Ek Chan (“Ek Chan”) (“Respondent”) was driving for Lyft at the time of the Incident when a third-party driver made a left turn into his vehicle. As a result of the collision, Respondent sustained personal injuries and is claiming medical specials in the amount of $315,929.42.

Respondent settled with the third-party driver and subsequently made a UIM claim against Petitioner. Since making the claim, Respondent has made a demand for arbitration and the parties are currently in the process of selecting an arbitrator.

During this time, the parties have exchanged written discovery and Respondent has provided deposition testimony. Through discovery, Petitioner learned that Respondent presented to Insomnia for medical evaluation in regard to complaints for lower back pain. Specifically, the injury arose from a workers compensation claim where injuries included the following: back muscles, spine, and spinal cord. Respondent’s medical specials are in the amount of $315,929.42, which includes a surgery for hernia repair and multiple epidural injections to the back and spine.

On January 17, 2024, Petitioner issued a Deposition Subpoena for Production of Business Records to the Custodian of Records for Insomnia. All responsive documents were to be produced by February 14, 2024. Respondent and his counsel were provided notice of the deposition subpoena and did not object to the production of records.

Petitioner filed the instant motion on March 25, 2024. As of the date of this hearing no opposition has been filed.

Court rules require that a motion to compel an answer to a deposition question or to compel production of a document or tangible thing and all supporting papers be personally served on nonparty deponents. Service by mail alone is not sufficient, “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 3.1346.)

Here, Petitioner’s proof of service indicates Insomnia was served with the instant motion via U.S. Mail and by electronic service, not by personal service, and there is no indication that Insomnia agreed to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.

Petitioner’s unopposed motion to compel Insomnia to comply with Petitioner’s Deposition Subpoena for Production of Business Records is denied.

Hon. Daniel M. Crowley

Judge of the Superior Court