Judge Kerry Bensinger, Case Number: 19STCV18752, Date: 2023-10-06 Tentative Ruling

CASE: California Joint Powers Insurance Authority v. Soto Provision, Inc., et al.

MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF RAMIN GHANEEIAN

MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA OF PERSON MOST KNOWLEDGEABLE AT ROCKPOINT FUNDING LLC

This action[1] for personal injury damages and workers compensation subrogation arises from a July 21, 2017 multiple vehicle rear-end collision. Monica Ruiz Herrera (“Herrera”) was driving on the freeway in the course and scope of her employment with California Joint Powers Insurance Authority (“CJPIA”), when Salvador Gabriel (“Gabriel”) collided his tractor trailer with a vehicle driven by Delma Barragan-Garcia, who then rear-ended Herrera’s vehicle. Gabriel was operating his vehicle in the course of his employment with Soto Provision, Inc. (“Soto Provision”) at the time of the collision.

On July 1, 2019, Ms. Herrera filed a Complaint against Soto Provision and Gabriel. This is the only remaining case in the consolidated action.

On June 8, 2023, Soto Provision and Gabriel (hereafter, “Defendants”) filed these motions to compel nonparty Ramin Ghaneeian to personally appear for deposition and to compel Rockpoint Funding, LLC to produce a person most knowledgeable for deposition. Rockpoint Funding, LLC is a legal funding company offering medical liens, case costs, and client funding to law firms. Ghaneeian is the owner and founder of Rockpoint Funding, LLC.

Any party may obtain discovery by taking in California the oral deposition of any person. (Code Civ. Proc., § 2025.010.) A deposition subpoena may command the attendance and the testimony of a nonparty deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (Code Civ. Proc., § 2020.020.) If a nonparty deponent fails to answer any question or to produce any document, electronically stored information, 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. (Code Civ. Proc. §§ 2024.480, 2025.480.)

If the nonparty deponent is a natural person, any person may serve the subpoena by personal delivery of a copy of it to that person. (Code Civ. Proc., § 2020.220, subd. (b)(1).) Personal service of any deposition subpoena is effective to require the personal attendance and testimony of the nonparty deponent, if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c)(1).)

“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.”¿ (Cal. Rules of Court, rule 3.1346.)

Defendants’ motions are procedurally defective. “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.”¿(Cal. Rules of Court, rule 3.1346.) Here, the proofs of service attached to the motions show Ramin Ghaneeian’s and Rockpoint Funding, LLC’s counsel, Farooq Mir was electronically served with these motions. Ramin Ghaneeian and Rockpoint Funding, LLC are not parties to this litigation. As such, absent evidence that Ghaneeian and Rockpoint Funding, LLC agreed to accept service by mail or electronic service, Defendants are required to personally serve these motions per Rule 3.1346.

Accordingly, the hearing for these motions are CONTINUED to November 2, 2023 at 1:30 PM in Department 27 of Spring Street Courthouse to allow Defendants to personally serve nonparties Ramin Ghaneeian and Rockpooint Funding, LLC with the respective motions to compel. Defendants are to file proof of service no later than 5 court days before the hearing.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

[1] This is a consolidated action. The only remaining case is Plaintiff Monica Ruiz Herrera’s complaint against Soto Provision, Inc. and Salvador Gabriel (Case No. 19STCV23074).