Judge: Kerry Bensinger, Case: 19STCV46211, Date: 2023-09-07 Tentative Ruling

Case Number: 19STCV46211    Hearing Date: September 7, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 7, 2023                             TRIAL DATE:  December 12, 2023

CASE:                         Valentin Contreras Delgadillo v. Jazmin Rocha

CASE NO.:                 19STCV46211

MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA

MOVING PARTY:               Defendant Jazmin Rocha

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On December 23, 2019, Plaintiff, Valentin Contreras Delgadillo, initiated this action against Defendant, Jazmin Rocha, for injuries arising from a motor vehicle incident.

            Defendant learned through written discovery that Plaintiff received chiropractic treatment for his injuries through workers’ compensation.  On July 29, 2022, Defendant served Sedgwick Claims Management, Services, Inc. (“Sedgwick”), the third-party administrator of Plaintiff’s workers’ compensation claim, with a Deposition Subpoena for Production of Business Records.  The subpoena was personally served on the Custodian of Records of Sedgwick. 

            To date, the Custodian of Records of Sedgwick has not responded to or provided documents as requested in the subpoena.  As such, on August 10, 2023, Defendant filed this motion to compel the compliance of Sedgwick with the deposition subpoena for business records.  Defendant seeks sanctions against Sedgwick.  The proof of service attached to the motion shows that Sedgwick was personally served with this motion.

            The motion is unopposed.

II.        LEGAL STANDARDS

            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.)  

III.      DISCUSSION

            The motion is 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 proof of service attached to the motion shows Sedgwick was served with the motion by certified mail.  Defendant does not point to any document showing Sedgwick agreed to accept service by mail.

IV.       CONCLUSION 

Based on the foregoing, the motion is CONTINUED to October 10, 2023 at 1:30 PM to allow Defendant to personally serve Sedgwick with this motion

Moving party to give notice. 

Dated:   September 7, 2023                                                      ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.