Judge: Lisa R. Jaskol, Case: 21STCV31000, Date: 2024-08-27 Tentative Ruling

Case Number: 21STCV31000    Hearing Date: August 27, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On August 23, 2021, Plaintiff Ariel Bonilla filed this action against Defendants Emanate Health Medical Center dba Emanate Health Queen of the Valley Medical Center, Anela Puljic, M.D., Patrick Maloney, M.D., and Does 1-100 for health care provider negligence leading to injury or death under Civil Code section 3333.1. 

On December 1, 2021, Defendants Emanate Health Queen of the Valley Hospital (erroneously sued as Emanate Health Medical Center dba Emanate Health Queen of the Valley Medical Center), Anela Puljic, M.D., and Patrick Maloney, M.D. filed an answer. 

On June 25, 2024, Defendant Emanate Health Medical Center (“Defendant”) filed a motion for an order directing a non-party's compliance with a subpoena duces tecum.  The motion was set for hearing on August 7, 2024.  The Court continued the hearing to August 27, 2024.  No opposition was filed. 

Trial is currently scheduled for March 10, 2025. 

PARTY’S REQUEST 

Defendant asks the Court to compel Norma Salceda, M.D.’s compliance with a deposition subpoena for the production of Plaintiff’s medical records. 

LEGAL STANDARD 

          California Rules of Court, rule 3.1346, provides: 

“A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” 

(Cal. Rules of Court, rule 3.1346 (“Rule 3.1346”).)         

DISCUSSION 

Defendant asks the Court to compel non-party Norma Salceda, M.D.’s compliance with a deposition subpoena for medical records.  

The proof of service for Defendant’s motion states that Defendant served the motion on Norma Salceda, M.D., by U.S. mail.  Under Rule 3.1346, however, Defendant was required to personally serve the moving papers on Dr. Salceda unless Dr. Salceda “agree[d] to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”  Defendant has not shown that Dr. Salceda agreed to accept service by mail at the address listed in the proof of service. 

The Court denies the motion.

CONCLUSION 

The Court DENIES Defendant Emanate Health Medical Center’s motion to compel non-party Norma Salceda, M.D.’s compliance with a deposition subpoena for business records.       

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file a proof of service of this ruling with the Court within five days.