Judge: Holly J. Fujie, Case: BC661513, Date: 2022-10-05 Tentative Ruling

Case Number: BC661513    Hearing Date: October 5, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). 

BACKGROUND

This action arises out of an employment relationship. On August 23, 2021, filed a motion to compel the deposition of third-party witness subpoena and deposition notice on Moon “Mitchell” Gim (“Gim”), who is a former employee of Defendant Ten Tech LLC (the “Motion.”).

DISCUSSION

If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.  (CCP § 1987.1, subd. (a).) 

             On July 8, 2022, Plaintiff served Gim with a subpoena and deposition notice for a deposition scheduled on July 25, 2022.  (Declaration of Adam Reisner (“Reisner Decl.”) ¶ 3, Exhibit A.)  Gim did not appear at the July 25, 2022 deposition.  (Reisnder Decl. ¶¶ 4, 6, Exhibit B.)  Plaintiff requests that Gim be ordered to comply with the subpoena and attend a deposition on October 19, 2022.  (Reisnder Decl. ¶ 9.)

            As it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative. If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person. The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date. This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

              Dated this 5th day of October 2022