Judge: Lee S. Arian, Case: 23STCV25290, Date: 2025-06-09 Tentative Ruling

Case Number: 23STCV25290    Hearing Date: June 9, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

This action arises from a motor vehicle collision that occurred on November 27, 2022, in which Plaintiff alleges that Defendant rear-ended his vehicle. On October 17, 2023, Plaintiff filed the complaint. On March 19, 2025, Defendant issued a Deposition Subpoena for Personal Appearance and Production of Documents directed to non-party Ashley Szutka, who was a passenger in Plaintiff’s vehicle at the time of the. On April 1, 2025, Ms. Szutka was personally served at her residence in Van Nuys, California. The subpoena required her to appear for deposition via Zoom on April 14, 2025, and to produce relevant documents identified in Attachment 3 to the notice. Ms. Szutka did not object to the subpoena, did not appear for the deposition, did not contact Defendant’s counsel, and did not move for a protective order. Defendant now moves to compel Ms. Szutka’s deposition.

Legal Standard 

CCP § 2020.010 permits discovery of non-party witnesses through oral and written depositions. (See CCP § 2020.010(a)(1), (2); Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 466, 476.) A deposition subpoena may command the attendance and testimony of the deponent, the production of business records, or both. (CCP § 2020.020.)

CCP § 2025.480(a)  provides that “[i]f a 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.” Unlike CCP § 1987.1, CCP § 2025.480 also includes a time limit (“[t]his motion shall be made no later than 60 days after the completion of the record of the deposition”) and a meet and confer requirement (“[t]his motion . . . shall be accompanied by a meet and confer declaration under Section 2016.040”). (CCP § 2025.480(b).) Finally, CCP § 2025.480(c) requires that notice of the motion be given to all parties and to the deponent.

Discussion

The deposition of Ms. Szutka is highly material to the claims and defenses in this case. She was a passenger in Plaintiff’s vehicle at the time of the November 27, 2022 accident. Her testimony is directly relevant to the nature of the collision, Plaintiff’s physical condition after the accident, and Plaintiff’s damages claims. The subpoena also seeks communications and documents related to the incident and Plaintiff’s alleged injuries. The motion is timely, as it was filed within 60 days of the noticed deposition date. Additionally, Defendant sent Plaintiff a meet and confer letter regarding the deposition but received no response. The deponent was personally served with both the subpoena and the motion, satisfying the notice requirement. Ms. Szutka did not file an opposition.

Accordingly, the motion is granted. Ms. Szutka is ordered to appear for deposition and produce responsive documents within 10 days of this order. Sanctions are denied at this time, as Ms. Szutka is a non-party witness who is not represented by counsel, and her failure to comply appears to stem from a lack of understanding of the legal obligations imposed by the subpoena. However, this order should serve as a warning to Ms. Szutka that further noncompliance is likely to result in, at a minimum, monetary penalties.

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’s 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.