Judge: Daniel M. Crowley, Case: BC709486, Date: 2022-09-20 Tentative Ruling

Case Number: BC709486    Hearing Date: September 20, 2022    Dept: 28

Defendant Antionette Tabibi’s Motion to Compel Deposition of Third-Party Healthcare Partners’ Custodian of Records

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

BACKGROUND

On June 8, 2018, Plaintiff Steven Gonzalez (“Plaintiff”) filed this action against Defendant Antionette Tabibi (“Defendant”) for motor vehicle negligence.

On October 26, 2018, Defendant filed an answer.

On January 13, 2022, Defendant filed a Motion to Compel the Deposition of Third-Party Healthcare Partners’ Custodian of Records to be heard on August 30, 2022. The Court continued the hearing to September 20, 2022.

Trial is currently scheduled for October 31, 2022.

PARTY’S REQUESTS

Defendant requests that the Court order Third-Party Healthcare Partners (“Deponent”) to produce its custodian of records to appear for a deposition.

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

Defendant served a deposition subpoena on Deponent with production date of November 29, 2021. Deponent provided Plaintiff with x-rays after the subject incident, and thus is relevant to the case at hand. No parties objected to the deposition or subpoena, but Deponent failed to appear or produce the required documents on the provided date. As Deponent has still yet to comply, the Court grants the motion.

CONCLUSION

Defendant Antionette Tabibi’s Motion to Compel Deposition of Third-Party Healthcare Partners’ Custodian of Records is GRANTED. Deponent is ordered to appear for a deposition at a mutually agreed upon date within 30 days of the hearing on the motion. Deponent is also ordered to produce the subpoenaed records 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.