Judge: Daniel S. Murphy, Case: 21STCV46188, Date: 2022-10-03 Tentative Ruling

Case Number: 21STCV46188    Hearing Date: October 3, 2022    Dept: 32

BACKGROUND

            On December 17, 2021, Plaintiff Loretta Anderson, through her successor in interest, Lori Brackett, filed this action against Defendants CVVG Management, LLC and Conrado Garcia, alleging elder abuse and negligent hiring. The allegations stem from injuries Plaintiff sustained while a resident at Defendants’ care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants’ inadequate care.

            On July 13, 2022, Plaintiff served a deposition subpoena to nonparty The Rehabilitation Center of Bakersfield, requesting appearance on August 8, 2022 and production of Plaintiff’s medical billing records from January 2020 to November 2021. (Baladejo Decl., Ex. 1.) Plaintiff’s counsel was unable to reach The Rehabilitation Center to confirm the deposition despite multiple calls throughout July 2022. (Id., ¶ 4.) The Rehabilitation Center did not attend the deposition on August 8 and did not serve any objections. (Id., ¶ 5.) On August 29, 2022, Plaintiff filed the instant motion to compel compliance with the subpoena. No opposition has been filed against the motion.

LEGAL STANDARD

“If a subpoena requires … the production of books, documents, electronically stored information, or other things …, the court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Civ. Proc., § 1987.1, subd. (a), (b).) Good cause must be shown to require a non-party to produce documents. (See Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 224.)

DISCUSSION

            Good cause exists because Plaintiff was admitted to The Rehabilitation Center immediately prior to and after her stay at Defendant’s facility. (Baladejo Decl. ¶ 6.) Plaintiff is entitled to the information to assess liability and damages. (Ibid.) Without an opposition, no substantial justification is provided for the facility’s failure to comply with the subpoena.

            The reasonable amount of sanctions is $910, representing 2 hours at $425 per hour, plus a $60 filing fee. (See Baladejo Decl. ¶ 7.) The additional 2 hours for reply are unnecessary because there is no opposition.

CONCLUSION

            Plaintiff’s motion to compel compliance with subpoena is GRANTED. The Rehabilitation Center is to appear for deposition and produce requested documents within 10 days. Sanctions are awarded against The Rehabilitation Center in the amount of $910, to be paid within 30 days.