Judge: Lynne M. Hobbs, Case: 21STCV39289, Date: 2024-01-10 Tentative Ruling

Case Number: 21STCV39289    Hearing Date: January 10, 2024    Dept: 30

VINCENT M. HIZON, et al. vs PATRISHA DIANE THOMSON

TENTATIVE

Defendant’s Motion for Order Compelling Superior Court Judge to Execute Subpoenas as to Veterans Affairs is DENIED.

Discussion

Defendant moves “for [an] Order Compelling [the] Superior Court Judge to Execute Subpoenas as to Veterans Affairs.” Defendant has attempted to obtain the specific authorization used by the VA from Plaintiff, to no avail. The VA will accept a judge signed subpoena to obtain records and as such, Defendant requests that the Court execute the subpoena, attached as Exhibit A.

In support of this motion, Defendant cites to Code of Civil Procedure section 1985(c), which states: “The clerk, or a judge, shall issue a subpoena or subpoena duces tecum signed and sealed but otherwise in blank to a party requesting it, who shall fill it in before service.” However, this section appears to apply to a sealed subpoena, which is not the case here. As such, Defendant has not provided any authority for this motion.

The court does have authority to compel a non-party’s compliance with a proper deposition subpoena for records. “The party requesting a consumer’s personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection.” (Code Civ. Proc., § 1985.3, subd. (g).) Where a subpoena requires production of books, documents, electronically stored information, or other things, the court 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. (Code Civ. Proc., § 1987.1, subd. (a).)

There is ample California appellate authority holding that the trial court does not have the power to create additional methods of discovery. (See, e.g., San Diego Unified Port Dist. V. Douglas E. Barnhart, Inc. (2002) 95 Cal.App.4th 1400, 1405.)

Accordingly, the motion is DENIED. Defendant may bring a Motion to compel compliance after personally serving the deposition subpoena on the VA Hospital, and personally serving any motion on the VA Hospital.