Judge: Donald F. Gaffney, Case: "Towey v. Mesa Verde Convalescent Hospital, Inc.", Date: 2022-08-24 Tentative Ruling

TENTATIVE RULING:

Motion for Order Authorizing Release of Records.

Plaintiffs Paul Towey and Cara Brull move for an order compelling Lisa Zimbleman to appear for deposition within two weeks and for monetary sanctions.  For the following reasons, the unopposed motion is GRANTED.

The Court could take this matter off calendar, given that it has already appointed a discovery referee and this is a discovery motion.  However, this motion (like the motion granted on 6/29/2022) relates to a third party (Lisa Zimbleman), and it is unopposed.  Thus, the court will proceed to the merits of the motion.

If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena.  A motion to compel may be brought under either Code Civ. Proc. § 2025.480 (applicable to depositions generally) or Code Civ. Proc. § 1987.1 (applicable to deposition subpoenas by Code Civ. Proc. § 2020.030).  Plaintiffs rely on Code Civ. Proc § 1987.1 in their motion to compel Lisa Zimbleman to comply with the deposition subpoena.  Code Civ. Proc. § 1987.1 provides that the court, upon noticed motion, may make an order compelling compliance, quashing, or modifying the deposition subpoena. 

Plaintiffs have established that Lisa Zimbleman was personally served with the deposition subpoena on March 29, 2022, that she did not serve any objections, and that she failed to appear for her deposition on April 14, 2022.  (Vitug Dec.)  Thus, the Court orders Zimbleman to appear for deposition within 14 days of personal service of notice of this ruling. 

Lisa Zimbleman is ordered to pay sanctions of $1,723 ($963 in costs incurred from Veritext, $700 in fees for 2 hours at $350 per hour, and $60 for the filing fee) to Plaintiffs within 14 days of personal service of notice of this ruling.  (Code Civ. Proc. § 1987.2(a).)

The Court declines to issue an OSC re Contempt and/or find the deponent in contempt of court at this time. 

Plaintiffs to give notice.