Judge: Deborah C. Servino, Case: 30-2020-01152816, Date: 2022-08-19 Tentative Ruling

Defendant Thomas Gonzales Padilla DBA Metro Engineering’s motion to compel Aguila Commercial Insurance Solutions, formerly known as Chairman Insurance Services’ compliance with a deposition subpoena for production of business records, is denied.

Defendant’s request for judicial notice of Plaintiff’s Complaint filed in the instant action is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case.  “[A]ll that is necessary is to call the court’s attention to such papers.”  (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 9.53.1a.)   

California Rule of Court 3.1346 requires that all moving papers supporting a motion to compel deposition responses or document production from a nonparty deponent “must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.”  Failure by the moving party to give proper notice to the deponent renders any subsequent court order voidable.  (Parker v. Wolters Kluwer US, Inc. (2007) 149 Cal.App.4th 285, 296; accord, Johnson v. E-Z Ins. Brokerage, Inc. (2009) 175 Cal.App.4th 86, 98.) 

Here, Defendant did not personally serve Aguila Commercial Insurance Solutions, formerly known as Chairman Insurance Services with the motion.  In the absence of personal service of the motion to compel on the nonparty, the court cannot issue an effective order granting the motion to compel production of documents in compliance with the subpoena.  Accordingly, the motion is denied.

Defendant shall give notice of the ruling to all parties and to third-party Aguila Commercial Insurance Solutions, formerly known as Chairman Insurance Services.