Judge: Matthew C. Braner, Case: 37-2023-00006930-CU-MM-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Medical Malpractice Motion to Quash (Civil) 37-2023-00006930-CU-MM-CTL WARD VS KRISTALLIS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant San Diego Dental Health Center's motion to quash is GRANTED.

As of February 15, 2024, Plaintiff Earl Ward has not filed an opposition to Defendant's motion. Pursuant to this court's local rules, the court will regard this failure to respond as a concession that Defendant's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) The deposition subpoena for production of business records served by Plaintiff Earl Ward on San Diego Dental Health Center is defective. First, the subpoena form filled out by Plaintiff is for third parties; San Diego Dental Health Center is a defendant in this action, not a third party. Second, the subpoena was issued by Plaintiff, who is not an attorney, in violation of Code of Civil Procedure section 2020.210.

Finally, because Plaintiff (a person with a financial interest in this action) designated himself as the deposition officer, he also ran afoul of Code of Civil Procedure section 2020.420.

Accordingly, Defendant's motion to quash is granted.

The minute order is the order of the court.

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