Judge: Lynne M. Hobbs, Case: 22STCV25220, Date: 2024-01-02 Tentative Ruling

Case Number: 22STCV25220    Hearing Date: March 12, 2024    Dept: 30

SIMONE VACA, AN INDIVIDUAL vs ISAIAH MORALES, AN INDIVIDUAL, et al.

TENTATIVE

Defendant’s motion to compel compliance with subpoena for business records is GRANTED.

Keck Medicine of USC is ordered to serve documents responsive to the subpoena Defendant issued within 20 days of this ruling.

Moving party is ordered to give notice.

Legal Standard

When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.)

The court can compel a witness’ compliance with a subpoena on such terms and conditions as appropriate to protect parties or witnesses from “unreasonable or oppressive demands” including unreasonable violations of the right of privacy of the person. (Code Civ. Proc., § 1987.1, subd. (a).)

For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) Generally, all unprivileged information that is relevant to the subject matter of the action is discoverable if it would itself be admissible evidence at trial or if it appears reasonably calculated to lead to the discovery of admissible evidence. (Code Civ. Proc. § 2017.010; Schnabel v. Superior Court (1993) 5 Cal.4th 704, 711.)

Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies. (Code Civ. Proc., § 2020.220, subd. (c).)

Discussion

Defendant moves to compel Keck Medicine of USC’s compliance with a subpoena for Plaintiff’s imaging records. (Storti Decl., Exh. C.) Neither plaintiff nor Keck Medicine of USC objected to the subpoena and no documents have been produced. (Storti Decl., ¶ 5.) Here, the Court notes though that according to the proof of service attached as Exhibit C to Defense counsel’s declaration, the deposition subpoena was issued and served on the Custodian of Records for Keck Medicine of USC, and a Notice to Consumer was served on Plaintiff. (Id.) Further, the motion was personally served on USC. (January 24, 2024 Proof of Service.) Neither Plaintiff nor USC has filed an opposition, objecting to the deposition. As such, the motion is GRANTED.

Conclusion

Accordingly, Defendant’s motion to compel compliance with subpoena for business records is GRANTED.

Keck Medicine of USC is ordered to serve documents responsive to the subpoena Defendant issued within 20 days of this ruling.