Judge: Kerry Bensinger, Case: 20STCV38543, Date: 2023-02-14 Tentative Ruling

Case Number: 20STCV38543    Hearing Date: February 14, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On October 6, 2020, plaintiff John William Edwards II (“Plaintiff”) filed this action against defendants Nicole George Hanhan and Evon Hanhan (collectively “Defendants”) for injuries arising from a motor vehicle accident.

On October 13, 2022, Defendants filed the instant motion to compel non-parties Department of Veteran Affairs (the “VA”), Juan Montes, M.D. (“Montes”), and Medi-Cal/California Department of Health Care Services (“Medi-Cal”) (collectively the “Deponents”) to comply with subpoenas for the production of Plaintiff’s medical records.

In addition, Defendants moved to continue trial, and related dates.  The motion to continue trial is now moot, as the parties filed a joint stipulation, and the Court entered an order, continuing trial and all related dates.

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II.          LEGAL STANDARD

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

A review of the moving papers reveals that Defendant failed to serve the Motion on Deponents.  California Rules of Court, rule 3.1346 requires that the notice and moving papers be personally served on Deponents, unless Deponents agreed to accept service by mail or at an electronic address.  Here, there is no proof that the Motion was served on Deponents.

Thus, the Court CONTINUES Defendant’s Motion to Compel Compliance with Subpoenas.

IV.         CONCLUSION

The Court CONTINUES Defendant’s Motion to Compel Compliance with Subpoenas to allow Defendant to serve the motion on Deponents.  The hearing is continued to  ______________________________.  Prior to the hearing date, Defendant is to file proofs of service.     

As noted above, Defendant’s Motion to Continue Trial is MOOT.

Moving party to give notice.

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.

Dated this 14 day of February 2023