Judge: Melissa R. Mccormick, Case: McDaniel v. Daniel, Date: 2023-08-03 Tentative Ruling

Defendants Jenelle Lynn Daniel and Gary L. Daniel’s Motion to Compel Compliance with Subpoena

Defendants Jenelle Lynn Daniel and Gary L. Daniel move to compel nonparty Santa Monica Behavioral Health (SMBH) to comply with a business records subpoena defendants served on SMBH on July 18, 2022.  See 7/26/23 Order.  For the following reasons, defendant’s motion is denied as untimely.

Defendant served SMBH with the subpoena on July 18, 2022.  Defendant filed the instant motion on April 14, 2023, and obtained a hearing date of August 3, 2023.  Trial is scheduled for August 7, 2023. 

Discovery motions shall be heard on or before the fifteenth day before the date initially set for the trial of an action.  Civ. Proc. Code § 2024.020(a).  August 3, 2023 is significantly less than 15 days before trial.  Defendant did not file this motion until April 14, 2023, and then made no attempt to advance the motion hearing date to comply with section 2024.020(a). 

Plaintiff Amanda Madeline Lee McDaniel to give notice.