Judge: Lee W. Tsao, Case: 23NWCP00010, Date: 2023-07-20 Tentative Ruling

Case Number: 23NWCP00010    Hearing Date: July 20, 2023    Dept: C

COAST NATIONAL INSURANCE COMPANY v. SANABRIA

CASE NO.:  23NWCP00010

HEARING:  07/20/23

#3

     I.        Petitioner’s unopposed Motion to Compel Andres Rodriguez’s Compliance with Deposition is GRANTED.

    II.        Petitioner’s Motion for Sanctions against Witness Andres Rodriguez is DENIED.  

Moving Party to give Notice.

No Oppositions filed as of July 17, 2023.

Motion to Compel Compliance with Deposition Subpoena

ANDRES RODRIGUEZ is ORDERED to comply with Petitioner’s Deposition Subpoena for Personal Appearance and appear for a deposition remotely via videoconference on a mutually agreeable date and time, within 30 days from the date of the Court’s issuance of this Order. The date may be extended by agreement of the parties.

“If a subpoena requires the attendance of a witness…, the court, upon motion reasonably made by any person described in subdivision (b)…may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (CCP §1987.1(a).) “Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.” (CCP §1991.)

Petitioner issued the most recent Deposition Subpoenas to non-party Andres Rodriguez on or about August 19, 2022.  

The unopposed Motion is GRANTED.

Motion for Sanctions

CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party or a person designated by an organization that is a party…without having served a valid objection under §2025.410, fails to appear for examination…the party giving the notice may move for an order compelling the deponent’s attendance and testimony.” (CCP §2025.450(a).)

Deponent Andres Rodriguez is not a party to this action. CCP §2025.450, which Petitioner relies upon in support of this Motion, does not provide a basis to award sanctions against a non-party witness.

The Motion is DENIED.