TENTATIVE RULING

Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder’s Motion to Compel the Production of Patrick Nangle’s T-Mobile Records is GRANTED.

Third party T-Mobile USA, Inc. is hereby ordered to produce all call records for NANGLE’s cellular phone number (818) 681-7020 from January 1, 2016 to December 31, 2018 and from January 1, 2020 to December 31, 2022 within thirty (30) days of receipt of this order.

Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder, to give notice. 

REASONING

Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder (“Plaintiff”) moves the Court for an order compelling third party T-Mobile USA, Inc. (“T-Mobile”) to produce Defendant Patrick Nangle (“Defendant”)’s phone records relating to the subject loan. The Court previously considered a similar motion by Plaintiff and denied the motion without prejudice on the ground that the subpoena was overbroad. The subpoena has been limited in scope to seek “[a]ll call records for NANGLE’s cellular phone number . . . from January 1, 2016 to December 31, 2018 and from January 1, 2020 to December 31, 2022.” (Mot., David Decl. ¶ 12, Ex. 8.)

A party may obtain discovery pursuant to a deposition subpoena that commands the production of business records for copying. (Code Civ. Proc., §§ 2020.010, subd. (a)(1), 2020.410.) If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., § 2025.480, subds. (a)-(b).) Where the deposition subpoena requires the production of documents, the Court may make an order directing compliance with the subpoena. (Code Civ. Proc., § 1987.1, subd. (a).)

Plaintiff’s claim against Defendant is that Defendant, owner of The Loan Center, Inc., brokered the subject loan while knowing James Byron Clark had no authority to do so. This subpoena seeks all communications from Defendant’s telephone number from January 1, 2016 to December 31, 2018 and from January 1, 2020 to December 31, 2022, and Plaintiff argues that she is seeking communication that would show that Defendant received a kickback in exchange for Private Money Solutions, Inc. funding the loan. This may be shown through the records sought, and Plaintiff has limited the time periods to seek records for two two-year periods as to loans that were recorded in December 2016 and December 2020. Accordingly, Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder’s Motion to Compel the Production of Patrick Nangle’s T-Mobile Records is GRANTED. Third party T-Mobile USA, Inc. is hereby ordered to produce all call records for NANGLE’s cellular phone number (818) 681-7020 from January 1, 2016 to December 31, 2018 and from January 1, 2020 to December 31, 2022 within thirty (30) days of receipt of this order.