Judge: Mark A. Young, Case: 22SMCV01806, Date: 2024-04-02 Tentative Ruling
Case Number: 22SMCV01806 Hearing Date: April 2, 2024 Dept: M
CASE NO.: 22SMCV01806
MOTION: Motion
to Compel Compliance with SDT
HEARING DATE: 4/2/2024
Legal
Standard
Personal service of a
deposition subpoena obligates the production of whatever documents or things
are specified in the subpoena and to appear in any proceedings to enforce
discovery. (CCP § 2020.220(c). If a nonparty disobeys a deposition subpoena,
the subpoenaing party may seek a court order pursuant to Code of Civil
Procedure section 1987.1 compelling the nonparty to comply with the subpoena
within 60 days after completion of the deposition record. (CCP § 2025.480(b);
see also UnzippedApparel, LLC v.
Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be
accompanied by a meet and confer declaration. (CCP § 2025.480(b).) There is no
“good cause” requirement when seeking to compel documents from a nonparty. (CCP
§ 2020.410(c).) Where personal records of a “consumer” (CCP § 1985.3) or an
employee's employment records (CCP § 1985.6) are subpoenaed, the records
turnover cannot take place until at
least 20 days after the subpoena is “issued.” (CCP § 2025.270(c).)
Analysis
Defendant
Christopher Scott Bird moves to compel the deposition of the person most
knowledgeable at non-party United Parcel Services, Inc. (UPS). Defendant
requests sanctions against UPS and/or the PMK at UPS, jointly and severally, in
the amount of $1,262.93 plus an additional monetary sanction of $500.00 under Code
of Civil Procedure section 1992.
Defendant seeks the deposition of the PMK at UPS because
Plaintiff has represented that she was working for UPS, located at 10690 Santa
Monica Boulevard 90025, at the time of the alleged dog bite incident, as a
Cover Package Driver. Plaintiff also claims to have a total loss of income
claim of no less than $270,000.00. (Bandhold Decl., ¶ 4; Exs. A, B.) According
to Defendant, UPS’s PMK may have discoverable information on these subjects,
including Plaintiff’s claimed loss of income.
Defendant
demonstrates that on January 22, 2024, Defendant’s counsel issued a remote
deposition subpoena (via Zoom) to the PMK at UPS, with a deposition date of
February 14, 2024. The deposition subpoena identified the subject matters of
said deposition to include the incident of November 4, 2020, occurring while
Plaintiff was performing her job duties, any and all personnel matters,
employment matters, matters pertaining to employee job performance, any
information regarding on the job injuries, and all payroll and attendance
matters regarding Plaintiff. (Bandhold Decl., Ex. C.) On February 1, 2023,
thirteen days prior to the scheduled deposition, the subpoena was personally
served on the PMK at UPS, via Nicole Stauss, the registered agent authorized to
accept service on behalf of the subpoenaed deposition witness. (Id., ¶ 7, Ex.
E.) Prior to the deposition date, there was no objection to the deposition
subpoena from UPS or Plaintiff. (¶ 8.) On February 14, 2024, at approximately
2:15 p.m. (15 minutes after the deposition was scheduled to proceed), a
certificate of nonappearance at the scheduled deposition was taken for the
subpoenaed deposition witness, the PMK at UPS. (Id., ¶ 9, Ex. F.) On February
21, 2024, Defendant sent correspondence to UPS, enclosing copies of the subject
deposition subpoena for the PMK at UPS, requesting that UPS contact Defendant
to reschedule the deposition. (Id., ¶ 10, Ex. G.) UPS has not contacted
Defendant regarding the deposition. (¶ 11.)
Defendant
meets his burden to show the personal service of the deposition subpoena, and
UPS’s unexcused failure to produce the PMK as noticed. UPS and Plaintiff have
not opposed this motion to compel. Accordingly, the motion is GRANTED. UPS must
produce its PMK to appear and testify at deposition within 20 days of this
order pursuant to the subject deposition notice. Sanctions are imposed in the noticed
amount of $1,762.93, inclusive of costs, against United Parcel Services, Inc., and
in favor of defendant’s counsel of record. Sanctions are to be paid within 30
days.