Judge: Maurice A. Leiter, Case: 23STCV23645, Date: 2024-03-27 Tentative Ruling

Case Number: 23STCV23645    Hearing Date: March 27, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Southland Transit, Inc.,

 

 

 

Plaintiff,

 

Case No.:

 

 

23STCV23645

 

vs.

 

 

Tentative Ruling

 

Golden Bear Insurance Company, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: March 27, 2024

Department 54, Judge Maurice Leiter

Motion to Compel Compliance with Deposition Subpoena

Moving Party: Defendant Golden Bear Insurance Company

Responding Party: None.

 

T/R:     THE MOTION TO COMPEL COMPLAINCE WITH DEPOSITION SUBPOENA IS CONTINUED TO APRIL 24, 2024 AT 9:00 AM TO ALLOW DEFENDANT TO SERVE ALLIANT INSURANCE SERVICES, INC. WITH THE MOTION PAPERS AND TO GIVE ALLIANT AN OPPORTUNITY TO RESPOND.

 

DEFENDANT GOLDEN BEAR INSURANCE COMPANY TO NOTICE.

 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

            The Court considers the moving papers.

 

BACKGROUND

 

Plaintiff Southland Transit, Inc. filed the operative First Amended Complaint on November 20, 2023. It alleges breach of contract; declaratory relief; in the alternative, reformation; and breach of the implied covenant of good faith and fair dealing against Defendants Golden Bear Insurance Company; Endurance American Specialty Insurance Company; General Star Indemnity Company; and Rsui Indemnity Company for denying coverage to Southland for a fleet of vehicles during the 2021-2022 Commercial Excess Auto Liability policy period.

 

Defendant Golden Bear Insurance Company declares it served non-party Alliant Insurance Services, Inc. with a Deposition Subpoena for Production of Business Records on December 8, 2023. Golden Bear now moves for an order compelling non-party Alliant to produce business records pursuant to the subpoena.

 

The proof of service for this motion does not indicate that Alliant was served with the moving papers. It did not have proper notice of this motion. The motion is CONTINUED to April 24, 2024 at 9:00 am to allow Defendant to serve the moving papers on Alliant Insurance Services, Inc., and to give Alliant an opportunity to respond.