Judge: John C. Gastelum, Case: 21-01204611, Date: 2022-12-06 Tentative Ruling
Motion to Compel Production
Tentative Ruling: Plaintiff Cynthia Brammer moves: (i) to compel the production of documents subpoenaed from Chubb Group of Insurance Companies (Chubb); (ii) to compel the attendance of the Chubb PMQ for deposition; and (iii) for sanctions of $1750 against Chubb.
Initially, personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (Code Civ. Proc., § 2020.220(c).)
Also, California Rules of Court, Rule 3.1346 provides:
A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.
(Emphasis added.)
In this instance, the proof of service attached to the motion indicates the following were served via “electronic transfer” with this motion:
Mark Steven Armijo
Armijo & Garcia
7700 Irvine Center Dr Ste 275 Irvine, CA 92618-3020 Phone: 714-913-4800 Fax: 714-913-4816
Brian Rawson
Legal Analyst, Global Legal
202A Hall's Mill Road Whitehouse Station, NJ 08889 908.572.3016
However, as there has been no appearance from non-party Chubb, it is unclear whether service on these people is authorized.
Furthermore, even if these people are agents for non-party Chubb, there is no indication they were personally served as required by the abovementioned authorities.
Therefore, the motion is denied without prejudice for lack of notice.
Clerk to give notice.