Judge: Kerry Bensinger, Case: 22STCV04619, Date: 2023-05-26 Tentative Ruling

Case Number: 22STCV04619    Hearing Date: October 4, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 4, 2023                                 TRIAL DATE:  January 4, 2024

CASE:                         Teresita Mayela Navarro, et al. v. Ruben Jesus Jaramilla, Jr.

CASE NO.:                 22STCV04619

MOTION TO QUASH DEPOSITION SUBPOENA

FOR PRODUCTION OF BUSINESS RECORDS

MOVING PARTY:               Defendants Andiamo Logistics, Inc., Element Fleet Corporation, and Ruben Jesus Jaramilla, Jr.

RESPONDING PARTY:     Plaintiffs Teresita Mayela Navarro, individually and as guardian ad litem for minor Natalie Navarro, Steve Navarro, Valeria Guadalupe Navarro, and Andrew Navarr

I.          INTRODUCTION

On February 7, 2022, Plaintiffs, Teresita Mayela Navarro, individually and as Guardian ad Litem for Natalie Navarro, a minor, Steve Navarro, Valeria Guadalupe Navarro, and Andrew Navarro, filed this wrongful death action against Defendants, Ruben Jesus Jaramilla, Jr. (“Jaramilla”), Andiamo Logistics, Inc., LSE (“Andiamo”), Element Fleet Corporation (“ELC”), Gelco Fleet Trust, LSR (“GFT”), and Amazon.com Services LLC (“Amazon”).  Plaintiff alleges that on September 23, 2021, Jaramilla operated a motor vehicle that collided with a motorcycle operated by decedent Jose Erubey Navarro Maya (“Maya”), and which caused Maya’s death.  Plaintiffs allege that the collision occurred during the course and scope of his employment and/or partnership with Andiamo and/or Amazon.  Plaintiffs additionally allege that Andiamo, Amazon, EFT, and GFT owned/insured the vehicle Jaramilla operated at the time of the subject accident. Plaintiffs filed the operated First Amended Complaint (“FAC”) on March 18, 2022, asserting causes of action for wrongful death and loss of consortium. 

On June 23, 2023, Plaintiffs issued a deposition subpoena to Jaramilla’s previous employer, United Parcel Service, Inc. (“UPS”) seeking any and all documents pertaining to Jaramilla’s employment.  There are no limitations on time or scope. 

On July 21, 2023, Defendants filed this motion to quash the deposition subpoenas.  In the alternative, Defendants seek a protective order and in camera review of the documents for relevancy.  Defendants seek sanctions against Plaintiffs and their counsel.  Plaintiffs filed an opposition and Defendants filed a reply.

In their reply, Defendants represent that Plaintiffs have withdrawn the UPS subpoena.  Defendants submit email correspondence with Plaintiffs’ subpoena provider, Nationwide Legal, confirming the UPS subpoena has been canceled.  As such, the issue is moot.

Moving party to give notice. 

Dated:   October 4, 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.