Judge Daniel M. Crowley, Case Number: 23STCV20995, Date: 2025-02-07 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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Plaintiff Paul Cholodenko’s unopposed motion to compel Non-party Metallic Blue Development LLC to comply with the deposition subpoena for production of business records issued by Plaintiff on August 23, 2024, and compel Metallic Blue to produce all records and documents subpoenaed, without objection is granted. Metallic Blue Development LLC is to comply with the deposition subpoena for production of business records, produce all records and documents subpoenaed, without objection within 20 days.

Plaintiff Paul Cholodenko’s unopposed motion to compel Non-party Thompson Falls LLC to comply with the deposition subpoena for production of business records issued by Plaintiff on August 23, 2024, and compel Thompson Falls to produce all records and documents subpoenaed, without objection is granted. Thompson Falls LLC is to comply with the deposition subpoena for production of business records, produce all records and documents subpoenaed, without objection within 20 days.

Plaintiff’s request for sanctions against Thompson Falls LLC is granted in the amount of $1,030.

Plaintiff Paul Cholodenko (“Cholodenko”) (“Plaintiff”) moves unopposed for this Court to compel Non-party Metallic Blue Development LLC (“Metallic Blue”) to comply with the deposition subpoena for production of business records issued by Plaintiff on August 23, 2024, and compel Metallic Blue to produce all records and documents subpoenaed, without objection. (Notice of Motion Metallic, pg. 1; C.C.P. §§1987.1, 2025.480.) Plaintiff further requests monetary sanctions against Metallic Blue in the amount of $2,000. (Notice of Motion Metallic, pg. 1; C.C.P. §§1987.2(a), 2023.010, et seq., 2025.480(j).)

Plaintiff moves unopposed for this Court to compel Non-party Thompson Falls LLC (“Thompson Falls”) to comply with the deposition subpoena for production of business records issued by Plaintiff on August 23, 2024, and compel Thompson Falls to produce all records and documents subpoenaed, without objection. (Notice of Motion Thompson, pg. 1; C.C.P. §§1987.1, 2025.480.) Plaintiff further requests monetary sanctions against Thompson Falls in the amount of $2,000. (Notice of Motion Thompson, pg. 1; C.C.P. §§1987.2(a), 2023.010, et seq., 2025.480(j).)

On August 23, 2024, Plaintiff issued a deposition subpoena commanding Metallic Blue to produce business records by September 23, 2024 (“Subpoena”). (See Decl. of Goldstein ¶2, Exh. A.) The Subpoena was personally served on Metallic Blue’s authorized agent on September 6, 2024. (See Decl. of Goldstein ¶3, Exh. B.) Metallic Blue failed to produce records, serve objections, or otherwise respond to the Subpoena. Plaintiff filed the instant motion on November 22, 2024. As of the date of this hearing no opposition has been filed.

If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. (C.C.P. §2025.480(a).

Here, Metallic Blue has failed to answer or produce the documents sought in Plaintiff’s the Subpoena despite being duly served and never serving objections on Plaintiff. Plaintiff has sufficiently demonstrated that evidence requested in the Subpoena is relevant to Plaintiff’s case. Plaintiff has shown good cause to compel Metallic Blue to produce all records and documents responsive to the Subpoena.

Accordingly, Metallic Blue is ordered to produce all records and documents responsive to the Subpoena within 20 days, without objection.

Pursuant to Code of Civil Procedure sections 1987.2(a), 2023.010, et seq., and 2025.480(j), the Court awards monetary sanctions against Metallic Blue in the amount of $1,030 (2hr x $485 + $60) for its failure to comply with the Subpoena.

Plaintiff’s unopposed motion to compel Metallic Blue to produce all records and documents responsive to the Subpoena within 20 days, without objection, is granted.

On August 23, 2024, Plaintiff issued a deposition subpoena commanding Thompson Falls to produce business records by September 23, 2024 (“Subpoena”). (See Decl. of Goldstein ¶2, Exh. A.) The Subpoena was personally served on Thompson Falls’ authorized agent on September 6, 2024. (See Decl. of Goldstein ¶3, Exh. B.) Thompson Falls failed to produce records, serve objections, or otherwise respond to the Subpoena. Plaintiff filed the instant motion on November 22, 2024. As of the date of this hearing no opposition has been filed.

Here, Thompson Falls has failed to answer or produce the documents sought in Plaintiff’s the Subpoena despite being duly served and never serving objections on Plaintiff. Plaintiff has sufficiently demonstrated that evidence requested in the Subpoena is relevant to Plaintiff’s case. Plaintiff has shown good cause to compel Thompson Falls to produce all records and documents responsive to the Subpoena.

Accordingly, Thompson Falls is ordered to produce all records and documents responsive to the Subpoena within 20 days, without objection.

Pursuant to Code of Civil Procedure sections 1987.2(a), 2023.010, et seq., and 2025.480(j), the Court awards monetary sanctions against Thompson Falls in the amount of $1,030 (2hr x $485 + $60) for its failure to comply with the Subpoena.

Plaintiff’s unopposed motion to compel Thompson Falls to produce all records and documents responsive to the Subpoena within 20 days, without objection, is granted.

Hon. Daniel M. Crowley

Judge of the Superior Court