Judge: Frank M. Tavelman, Case: 23BBCV00929, Date: 2025-04-11 Tentative Ruling

Case Number: 23BBCV00929    Hearing Date: April 11, 2025    Dept: A

MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is required and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

Parviz Fouladbakash (Plaintiff) brings this action against NTS, LLC dba Navarro’s Towing, LLC (Defendant). Plaintiff alleges that he was injured when he was struck be a motor vehicle operated by Defendant’s employee.

Before the Court are two motions to compel compliance with a deposition subpoena. Defendant seeks to compel nonparties Daniel Radnia, M.D. (Radnia) and Urgent Care Canoga Park (Urgent Care) to comply with the subpoenas served upon them requesting Plaintiff’s medical records. Neither Radnia, Urgent Care, nor Plaintiff have filed any opposition to this motion.

ANALYSIS: 

California Rules of Court, Rule 3.1346 requires a motion to compel compliance with a deposition subpoena to be personally served on the nonparty whose compliance is sought. Here, the proofs of service attached to Defendant’s motions reveal that the motions were only served upon Radnia and Urgent Care via U.S. mail. (See Mot. at p. 18, 21.) Accordingly, the Court will DENY the motion without prejudice. This allows for Defendant to file and personally serve subsequent motions to compel should they be necessary.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

NTS, LLC dba Navarro’s Towing, LLC’s Motions to Compel Compliance with Deposition Subpoena came on regularly for hearing on April 11, 2025, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTIONS ARE DENIED WITHOUT PREJUDICE.

DEFENDANT TO GIVE NOTICE.

IT IS SO ORDERED.