Judge Lee W. Tsao, Case Number: 21STV11698, Date: 2024-03-13 Tentative Ruling

Judge: Lee W. Tsao, Case: 21STV11698, Date: 2024-03-13 Tentative Ruling

Case Number: 21STV11698 Hearing Date: March 13, 2024 Dept: C

JOHN G.Z. DOE #1, ET AL. v. ROE #1, ET AL.

CASE NO.: 21STCV11698

HEARING: 3/13/24 @ 10:30 AM

TENTATIVE RULING

Plaintiff John G.Z. Doe #1 and John R.Z. Doe #2’s Motion to Compel Compliance is CONTINUED to May 15, 2024 at 9:30 a.m. in Dept. SE-C.

Moving Party to give NOTICE.

Background

This is a child sexual assault action. On March 26, 2021, plaintiffs John G.Z. DOE #1 and John R.Z. DOE #2 sued ROE #1 and ROE #2. On May 18, 2021, plaintiffs John G.Z. DOE #1 and John R.Z. DOE #2 amended the complaint, suing the Los Angeles Unified School District, Edilberto Garcia, and DOES 1 through 50.

Legal Standard

A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection and copying. (Code Civ. Proc., §§ 2020.410, subd. (c); 2020.430, subd. (a)-(e).)

If a deponent does not produce a requested document under his or her control, the subpoenaing party may bring a motion to compel production “no later than 60 days after the completion of the record of the deposition.” (Code Civ. Proc., § 2025.480, subd. (b).) (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The objections or other responses to a business records subpoena are the “deposition record” for purposes of measuring the 60-day period for a motion to compel. (Id. at 132-133.)

Meet and Confer

The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.480, subd. (b).)

As part of discovery, on January 3, 2024, Plaintiffs issued a subpoena to Huntington Park Police Department, requesting the following: “The full underacted investigative report related to crimes against John G.Z. Doe #1 (aka Gerardo Zatarian; DOB 7/23/1971) and John R.Z. Doe #2 (aka Rodolfo Zatarian; DOB 4/19/1970) perpetrated by JESUS ERIBERTO GARCIA including but not limited to the complete incident report, any and all supplemental reports, narratives, statements, transcripts, interview notes, color photographs, audio or video recordings, electronic data or media files, etc.” (Decl. Shukry, ¶ 2, Ex. 1.) On January 17, 2024, Huntington Park City Attorney served an objection to the subpoena. (Decl. Shukry, ¶ 3, Ex. 2.) On February 6, 2024, Plaintiffs filed the instant motion. There is no opposition motion.

No meet and confer declaration accompanied this motion.

Thus, Plaintiffs’ motion to compel compliance is CONTINUED until Wednesday, April 10, 2024 at 9:30 a.m. in Dept. SE-C. The parties are ordered to meet and confer and Plaintiff is ordered to file a meet and confer declaration pursuant to CCP § 2025.489, subd. (b). If, after meeting and conferring, court intervention is needed, then opposition and reply briefs may be filed and served per Code in compliance with the new hearing date.