Judge: Lynne M. Hobbs, Case: 19STCV15732, Date: 2023-10-19 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV15732    Hearing Date: October 19, 2023    Dept: 30

SALVADOR MARTINEZ vs JULIO SALCIDO LUJAN

Motion to Compel Compliance with Deposition Subpoena

TENTATIVE

Motion to Compel Compliance with Deposition Subpoena is GRANTED.  Non-Party PMK for Bob's Insurance Services, LLC is ordered to comply with the Deposition Subpoena within 20 days. Request for Sanction s is denied. Moving party is to give notice of this order.

Defendant moves to compel Bob’s Insurance Services to comply with the deposition subpoena for appearance of their Person Most Knowledgeable and production of documents.

The initial noticed deposition was served on July 13, 2023, with the date of the deposition for July 25, 2023. However, this failed. Defendant issued another Deposition Subpoena for August 15, 2023; no objections were made, and no appearance was made by the PMK. Defendant issued another Deposition Subpoena, but no objections were made and the PMK failed to appear.

The Court finds that good cause exists to have the PMK of Bob’s Insurance Services be compelled to sit for a deposition and provide required documents. Plaintiff Martinez identified Bob’s Insurance Services as their insurance broker. Defendant seeks to determine if the parties executed an Uninsured Motorist (“UM”) waiver. To determine if the parties had an uninsured motorist waiver is crucial to determine whether Plaintiff “proceeds to seek his recovery through CIGA (California Insurance Guarantee Association) or the Plaintiff’s UM coverage, avoiding the need to litigate this action further.” (Motion 9: 26 – 10: 2.)A nonparty must comply with the subpoena on the date specified for production. If a party is not satisfied with the nonparty's compliance, the party has 60 days in which to meet and confer with the nonparty. These meet and confer efforts do not affect the mandatory 60-day deadline. The meet and confer process is part of the 60-day period in which to file a motion; it does not extend it. If the party is still unsatisfied with the nonparty's compliance with any portion of the subpoena at the end of this period (because, for example, the nonparty still has not produced the requested documents), the party may file a motion to compel.  (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1034–1035.)