Judge: Lisa R. Jaskol, Case: 21STCV18434, Date: 2025-02-10 Tentative Ruling
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Case Number: 21STCV18434 Hearing Date: February 10, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 17, 2021, Plaintiff Jonathan Newell (“Plaintiff”) filed this action against Defendants Gabriel Nofuente (“Nofuente”), Isagani De Los Santos (“Santos”), and Does 1-50 for motor vehicle tort and general negligence.
On June 22, 2023, Defendants Nofuente and Santos (“Defendants”) filed an answer.
On December 20, 2024, Defendants filed a motion to compel the custodian of records for Tarzana Dental Specialists to comply with a deposition subpoena for production of business records and for attorney fees, expenses, and forfeiture. The motion was set for hearing on February 10, 2025. No opposition has been filed.
Trial is currently scheduled for May 15, 2025.
PARTIES’ REQUESTS
Defendants ask the Court to order the custodian of records for Tarzana Dental Specialists to comply with a deposition subpoena for production of business records and to award attorney fees, expenses, and forfeiture.
LEGAL STANDARD
A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (Code Civ. Proc., § 2020.020.) The Court may order a third party to comply with a deposition subpoena upon any terms or condition that the court declares. (Code Civ. Proc., § 1987.1.)
Code of Civil Procedure section 2025.480 provides in part:
“(a) If 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.
“(b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.
“(c) Notice of this motion shall be given to all parties and to the deponent either orally at the examination, or by subsequent service in writing. If the notice of the motion is given orally, the deposition officer shall direct the deponent to attend a session of the court at the time specified in the notice.
* * *
(Code Civ. Proc., § 2025.480, subds. (a), (b), (c), (i), (j).)
DISCUSSION
Defendants ask the Court for an order compelling Tarzana Dental Specialists' custodian of records to produce the medical and dental records identified in the deposition subpoena.
The Court grants the motion and orders the custodian of records for Tarzana Dental Specialists to comply with the subpoena within 10 days of the hearing on the motion.
Defendants request sanctions of $1,240.51 based on three hours of attorney’s time at a rate of $160.17 per hour, one hour of paralegal time at a rate of $75.00 per hour, $125.00 to personally serve the motion, the $60.00 filing fee, and forfeiture of $500.00 under Code of Civil Procedure section 1992.
The Court grants sanctions of $1,165.56 based on three hours of attorney time, the filing fee, the personal service charge, and the forfeiture under Code of Civil Procedure section 1992.
CONCLUSION
The Court GRANTS the motion to compel the custodian of records for Tarzana Dental Specialists to comply with a deposition subpoena for production of business records and for attorney fees, expenses, and forfeiture filed by Defendants Gabriel Nofuente and Isagani De Los Santos. The Court orders the custodian of records for Tarzana Dental Specialists to comply with the subpoena within 10 days of the hearing on this motion.
The Court GRANTS the request for sanctions of Defendants Gabriel Nofuente and Isagani De Los Santos. The Court orders Tarzana Dental Specialists to pay Defendants Gabriel Nofuente and Isagani De Los Santos $1,165.56 in sanctions within 30 days of the hearing on the motion.
Moving parties are ordered to give notice of this ruling.
Moving parties are ordered to file the proof of service of this ruling with the Court within five days.