Judge: Jon R. Takasugi, Case: 21STCV29722, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV29722    Hearing Date: February 9, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT
17

TENTATIVE RULING

Plaintiffs’
motion to compel compliance is GRANTED. Zaver is ordered to comply within 30
days.  Sanctions are not imposed at this
time.

On 8/12/2021,
Plaintiff Courtney and Brian Gregory (collectively, Plaintiffs) filed suit
against One Thousand Grand Avenue Holdings, LLC (Defendant). On 1/27/2022,
Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence; (2)
negligent infliction of emotional distress; (3) breach of contract; and (4)
malicious prosecution.

Now,
Plaintiffs seek to compel Zaver Pest Control’s (Zaver) compliance with their
business records subpoena.

The motion is
unopposed.

Legal Standard

“‘If a deponent fails to answer any
question or to produce any document or tangible thing under the deponent's
control that is specified in the deposition notice or a deposition subpoena,
the party seeking discovery may move the court for an order compelling that
answer or production.’” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.
App. 4th 123, 129 (quoting CCP §2025.480(a)).)   

A motion to compel further responses to
deposition questions must be brought within 60 days following the completion of
the deposition record and “shall be accompanied by a meet and confer
declaration under Section 2016.040.” (CCP § 2025.480(b).) 

Discussion

            Plaintiff
has served two subpoenas on Zaver: one on 9/15/2022 and one on 10/4/2022 (this
second subpoena is the subject of this motion). To date, Zaver has failed to
acknowledge the subpoenas and has ignored Plaintiffs’ efforts to meet and
confer.

            Plaintiffs’
subpoena seeks pest control records from Zaver which may show that the alleged
pest control measures contributed to uninhabitable conditions of Defendant
OTG’s property, and that fumigation was conducted without proper notice. This,
in turn, may have caused the respiratory and skin conditions alleged in the
SAC.

            Given
Zaver’s non-opposition, the Court considers it to have conceded to the merits
of the motion. Moreover, having offered no substantial justification for its
failure to respond, sanctions are appropriate.

            Based
on the foregoing, Plaintiffs’ motion to compel compliance is granted. Sanctions
are not imposed on Zaver, a third party, at this time.

It is so ordered.

Dated: 
February    , 2023

   Hon. Jon R.
Takasugi

   Judge of the
Superior Court

Parties who intend to submit on this tentative must
send an email to the court at smcdept17@lacourt.org
by 4 p.m. the day prior as directed by the instructions provided on the court
website at www.lacourt.org.  If a party submits
on the tentative, the party’s email must include the case number and must
identify the party submitting on the tentative. 
If all parties to a motion submit, the court will adopt this
tentative as the final order.  If the department
does not receive an email indicating the parties are submitting on the
tentative and there are no appearances at the hearing, the motion may be placed
off calendar. 

            Due to Covid-19, the court is
strongly discouraging in-person appearances.  Parties, counsel, and court reporters present
are subject to temperature checks and health inquiries, and will be denied
entry if admission could create a public health risk.  The court encourages the parties wishing to
argue to appear via L.A. Court Connect. 
For more information, please contact the court clerk at (213)
633-0517.  Your understanding during
these difficult times is appreciated.