Judge: Elaine W. Mandel, Case: 23SMCV04439, Date: 2025-02-06 Tentative Ruling

Case Number: 23SMCV04439    Hearing Date: February 6, 2025    Dept: P

Tentative Ruling

Beverly Hills Estates v. 77 North LLC, Case no. 23SMCV04439

Hearing date February 6, 2025

Plaintiff’s Motion to Compel Compliance with Business Records Subpoena re Third Party Yuzon & Associates

Plaintiff Beverly Hills Estates, Inc., sues defendant 77 North, LLC for breach of contract and related claims arising from defendant’s alleged failure to pay plaintiff commission owed following plaintiff’s attempted sale of a property owned and constructed by defendant. Plaintiff asserts defendant purposefully sabotaged the sale by concealing material defects in the property. Plaintiff served a subpoena on third-party structural engineering firm Yuzon and Associates, Inc., for business records on 10/23/24. Yuzon has not complied with, nor has defendant objected to, the subpoena. Plaintiff moves to compel compliance with the business records subpoena and for sanctions of $1,560. No opposition was filed.

Where a subpoenaed non-party “fails to . . . produce any document, electronically stored information, or tangible thing under [the subpoenaed non-party’s] control” specified in the subpoena, the subpoenaing party “may move the court for an order compelling that . . . production.” Civ. Proc. Code §2025.480(a). Notably, “[d]iscovery procedures are generally less onerous for strangers to the litigation.” Monarch Healthcare v. Superior Court (2000) 78 Cal. App. 4th 1282, 1289; Id. at 1290. In responding to a subpoena for business records, the nonparty business must deliver the records within “twenty days of issuance, or fifteen days after the service, of the deposition subpoena…” Cal. Code Civ. Proc. §2020.410.

Plaintiff served a deposition subpoena for business records on Yuzon 10/23/24 with a compliance date of 11/14/24. Decl. Jhun para. 4; exh. 1. No objection or response was received. Decl. Jhun para. 8. Plaintiff made multiple attempts to contact Yuzon’s agent of service to address the lack of response, to no avail. Decl. Jhun paras. 9-11; exhs. 5-7. Plaintiff’s subpoena seeks relevant records addressing structural plans and communications between Yuzon and defendant. Decl. Jhun para. 4; exh. 1. Compelling compliance is proper.

Plaintiff seeks sanctions of $1,560 for costs and fees incurred in bringing this motion. Decl. Jhun para. 16. Cal. Code Civ. Proc. §2020.240 provides "[a] deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7 (commencing with Section 2023.010) without the necessity of a prior order of court directing compliance by the witness." Yuzon failed to comply with a properly served subpoena. As Yuzon offers no explanation, the court cannot find substantial justification for this failure, and plaintiff is entitled to sanctions. Plaintiff’s motion to compel compliance and for $1,560 in sanctions is GRANTED, payable within 30 days.