Judge: Donald F. Gaffney, Case: Frongello v. Kozich, Date: 2022-11-02 Tentative Ruling

TENTATIVE RULING:

Motion to Compel Compliance with Deposition Subpoena for Production of Business Records

Plaintiff Joyce Karen Frongello moves to compel compliance with the Deposition Subpoena for Production of Business Records issued to nonparty witness Pacific Premier Bank. For the following reasons, the motion is CONTINUED to December 7, 2022, at 9:00 a.m. in Department N16.

The instant motion to compel compliance with the deposition subpoena for business records was not served on nonparty Pacific Premier Bank. “A written notice and all moving papers supporting a motion ... to compel production of a document ... from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees” otherwise. (Cal. Rules of Court, rule 3.1346.) Pacific Premier Bank is identified as the nonparty deponent. Plaintiff filed a proof of service by electronic service and a proof of service by mail for the motion. (ROA Nos. 96 and 100.) Neither proof of service indicates that Pacific Premier Bank was served, let alone personally served. (See id.) Plaintiff’s counsel, Robert A. Waller, Jr., filed a second supplemental declaration in which he declared Pacific Premier Bank was personally served with a copy of the motion and supporting papers on October 26, 2022. (Waller Second Supp. Decl. ¶ 3, Ex. 5.)

Based on the foregoing, the court continues the instant motion to December 7, 2022, so that Pacific Premier Bank has proper notice of the motion.

Plaintiff to give notice.