Judge: Elaine W. Mandel, Case: 20STCV46976, Date: 2023-03-29 Tentative Ruling

Case Number: 20STCV46976    Hearing Date: March 29, 2023    Dept: P

Tentative Ruling

Adefuye v. Surly Goat Group, Inc. et al., Case No. 20STCV46976

Hearing Date March 29, 2023

Motion to Compel Further Responses to Deposition Subpoenas (Labeled Motion for OSC; UNOPPOSED)

Plaintiff served a third-party deposition subpoena on the Los Angeles County Sheriff and West Hollywood Sheriff’s Custodians of Record. Neither has produced documents, and plaintiff moves for an order compelling compliance.

The court notes this motion is labeled “Motion for an OSC Re: Contempt (CCP 1209),” but in substance it is a motion to compel compliance with a deposition subpoena. The court will analyze the motion as such.

Plaintiff seeks to compel further production in response to requests 1, 6, and 7. Request 1 seeks production of video and audio from the scene of the incident. Request 6 seeks employee and disciplinary records related to two identified deputies, while request 7 seeks to documents identifying Sheriff’s department employees assigned to the incident report associated with the alleged attack.

Plaintiff’s alleged assault is the gravamen of this lawsuit. Visual and audio recordings are relevant to proving the claim. Request 1 seeks such information. The Sheriff’s departments must provide further response to that request. Requests 6 and 7 seek employee records related to nonparty deputies and other department employees. It is not clear how those records might be relevant, and their production infringes on third party privacy rights. The court will not compel any further response to requests 6 and 7.

Since the motion was granted in part and denied in part. Sanctions are not warranted. GRANTED as to request 1, DENIED as to requests 6 and 7. Production within 20 days.