Judge: Lynne M. Hobbs, Case: 22STCV23285, Date: 2025-03-20 Tentative Ruling

Case Number: 22STCV23285    Hearing Date: March 20, 2025    Dept: 61

SETH COHEN, et al. vs JOHN DOE

Tentative

Plaintiffs Seth Cohen and September Rea’s Motion to Compel Compliance with Subpoena for Business Records to Charter Communications, Inc. is GRANTED. Compliance is ordered within 30 days of Notice of Ruling. 

Plaintiffs to provide notice and file proof of service with the Court.

Analysis:

I. MOTION TO COMPEL COMPLIANCE WITH SUBPOENA

“If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, 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. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc. § 1987.1, subd. (a).) A party may bring a motion under this section. (Code Civ. Proc. § 1987.1, subd. (b)(1).)

Plaintiffs Seth Cohen and September Rea (Plaintiffs) seek to compel third-party Charter Communications, Inc. to produce records pursuant to two requests contained in a subpoena. The subject subpoena was issued on November 5, 2024, and seeks documents indicating when a certain IP address was assigned to Defendant David Melmed, or to a particular physical address on Oakhurst Avenue in Los Angeles. (Separate Statement.) Plaintiff’s counsel presents a declaration stating that the information is necessary to verify the connection between Defendants and the IP addresses previously disclosed by other third-party websites associated with certain accounts impersonating Plaintiff Seth Cohen. (Mandell Decl. ¶¶ 3–5.) Charter responded to the subpoena by noting that it was holding the records pursuant to a court order directing their production under the Federal Communications Act. (Mandell Decl. ¶ 14.)

Plaintiffs have shown good cause for the documents sought. No opposition to the motion has been filed.

The motion is therefore GRANTED.