Judge: Layne H. Melzer, Case: 2022-01267576, Date: 2022-08-11 Tentative Ruling

Dft. Connect Powered By American Family Insurance
Motion to Compel Deposition (Oral or Written)

Petitioner/Respondent Connect Powered by American Family Insurance’s motion to compel compliance with its deposition subpoena served on third-party Espino Parga Humberto is continued to 9/22/22 at 2PM.

No proof of service was filed with respect to the deponent, Mr. Humberto.

CRC Rule 3.1346 requires that all moving papers supporting a motion to compel deposition responses or document production from a nonparty deponent “must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.” Failure by the moving party to give proper notice to the deponent renders any subsequent court order voidable. (Parker v. Wolters Kluwer US, Inc. (2007) 149 Cal. App. 4th 285, 296; in accord, Johnson v. E-Z Ins. Brokerage, Inc. (2009) 175 Cal. App. 4th 86, 98.)

Petitioner is ordered to comply with Rule 3.1346 and give notice of this ruling, filing proof of service of same, no more than 5 Court days before the hearing date.