Judge: Daniel S. Murphy, Case: 21STCV14989, Date: 2023-01-27 Tentative Ruling

Case Number: 21STCV14989    Hearing Date: January 27, 2023    Dept: 32

BACKGROUND

            On April 20, 2021, Plaintiff Authentitech, LLC (“Plaintiff) filed a Complaint against Defendant American Wellness, LLC (“Defendant”) for breach of contract.

            On September 14, 2021, the Court’s Clerk entered default against Defendant.

            On December 19, 2022, Plaintiff filed a motion to compel the deposition of nonparty Wallace Shimabukuro (“Shimabukuro”).  In addition, Plaintiff filed a motion to compel the deposition of the PMQ of nonparty M&W Suppliers (“M&W”).

LEGAL STANDARD

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.”  (Cal. Rules of Court, Rule 3.1346.) 

DISCUSSION

A review of the Motions filed by Plaintiff reveals that Plaintiff failed to comply with requirements of California Rules of Court rule 3.1346 because Plaintiff did not file proof of personal service of the motion on nonparty deponent Shimabukuro, or proof of personal service of the motion on the “person to be served” for nonparty M&W as specified in California Rules of Civil Procedure section 416.10. 

Thus, the Court DENIES Plaintiff’s Motion to Compel the Depositions of nonparty Wallace Shimabukuro and the PMQ of nonparty M&W Suppliers.

CONCLUSION

The Court DENIES Plaintiff’s Motion to Compel the Depositions of nonparty Wallace Shimabukuro and the PMQ of nonparty M&W Suppliers.