Judge: David A. Rosen, Case: BC654195, Date: 2022-08-05 Tentative Ruling

Case Number: BC654195    Hearing Date: August 5, 2022    Dept: E

Hearing Date: 08/05/2022 – 8:30am
Case No.  BC654195
Trial Date:   UNSET
Case Name: DONARA GRIGORYAN v. ENTERPRISE RENT-A-CAR COMPANY OF LA ET AL

TENTATIVE RULING ON MOTION TO QUASH

Moving Party: Plaintiff, Donara Grigoryan and third-party Manvel Israelyan
Responding Party: Intervenor Defendant, Empire Fire and Marine Insurance Company

Proof of Service Timely Filed (CRC Rule 3.1300): OK
16/21 Court Days Lapsed (CCP 1005(b)): OK
Proper Address: OK

Oppo but no Reply

RELIEF REQUESTED 
Plaintiff and third-party Manvel Israelyan move the Court for an order quashing Defendant Intervenor’s, Empire Fire and Marine Insurance Company, subpoenas issued to the following facilities:

i.                    T-Mobile USA, Inc., seeking MANVEL ISRAYELYAN records

ii.                  ii. AT&T Mobility, LLC., seeking MANVEL ISRAYELYAN records

iii.                iii. Verizon Cellco Partnership dba Verizon Wireless Subpoena ComplianceMail Out- New Jersey seeking Plaintiff’s records.

LEGAL STANDARD
Under CCP §1985.3(b), Prior to the date called for in the subpoena duces tecum for the production of personal records, the subpoenaing party shall serve or cause to be served on the consumer whose records are being sought a copy of the subpoena duces tecum, of the affidavit supporting the issuance of the subpoena, if any, and of the notice described in subdivision (e), and proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made as follows:

(1) To the consumer personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his or her attorney of record. If the consumer is a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is at least 12 years of age.

(2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.

(3) At least five days prior to service upon the custodian of the records, plus the additional time provided by Section 1013 if service is by mail.

ANALYSIS/TENTATIVE RULING
Here, there is no competent proof of when and how the subpoenas or notices to consumers were served. Neither the subpoenas themselves nor the consumer notices have any proofs of service, so the Court does not know how or when they were served. Further, the subpoenaing party in opposition included paragraph 6 of Nylen’s declaration; however, it is not sufficient because there is no foundation for Nylen’s statement as to when and how the subpoenas and consumer notices were served.

Motion to quash all 3 subpoenas is GRANTED.