Judge: Glenn R. Salter, Case: 19-1119486, Date: 2022-08-18 Tentative Ruling

The plaintiff filed three motions to compel depositions of various persons including non-parties.

Elena Nguyen

The plaintiff has filed a Notice of Withdrawal of the motion to compel the continued deposition of Elena Nguyen.  (ROA 218.)  The motion is therefore OFF CALENDAR.

PMQ of ALC RSM, LLC, and Nadia Romeo (aka Romero?)

The proofs of service show that all of the documents, including the motion, were not personally served on these non-party deponents in violation of Rule 3.1346 of the California Rules of Court.  Further, the plaintiff fails to show that either non-party agreed to accept service electronically in lieu of personal service.

It also does not appear the parties engaged in a meaningful meet and confer as required by statute.  There have been on-going discussions of some sort for quite some time.  But nothing in the record suggests counsel have met and conferred recently, or meaningfully, about these discovery requests.

Accordingly, the motions to compel as to non-parties ALC RSM, LLC, and Nadia Romeo are CONTINUED on the court’s own motion to September 15, 2022, at 1:30 pm.  The parties are ORDERED to submit a JOINT STATEMENT no later than September 8, 2022, explaining the status of the most current meet and confer efforts and the status of the depositions.

If the parties resolve the issue prior to the hearing, they may so advise the court and the matter will go off calendar.

Notice

The plaintiff shall give notice.