Judge: Melvin D. Sandvig, Case: 24CHCV00595, Date: 2025-06-02 Tentative Ruling
Case Number: 24CHCV00595 Hearing Date: June 2, 2025 Dept: F47
Dept. F47
Date: 6/2/25
TRIAL DATE: 4/27/26
Case #24CHCV00595
MOTION TO QUASH
DEPOSITION SUBPOENAS
Motion filed on 12/9/24.
MOVING PARTY: Plaintiff Nicole Slotterbeck Bard
RESPONDING PARTY:
Defendants Julio Cesar Duran and J. Duran Construction,
Inc.
NOTICE: ok
Additionally,
Plaintiff Nicole Slotterback Bard requests an order imposing sanctions against Defendants
Julio Cesar Duran and J. Duran Construction, Inc. and their counsel, Wesierski & Zurek, LLP in the amount of $1,500.00
which may increase.
RULING: The motion is moot, in part, and granted,
in part, as set forth below.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of a motor vehicle accident that
occurred on 3/4/22 involving a vehicle driven by Plaintiff Nicole Slotterbeck
Bard and vehicle driven by Defendant Julio Cesar Duran while in the course and
scope of his employment with Defendant J. Duran Construction, Inc. Plaintiff Cody Bard is married to Plaintiff
Nicole Slotterback Bard. On 2/27/24,
Plaintiffs filed this action against Defendants for negligence and loss of
consortium. On 3/13/24, Defendants
answered the complaint.
On 11/15/24, Defendants’ counsel served deposition
subpoenas requesting medical, billing and radiology records from: (1) Facey
Medical Group/Medical/ROI Department; (2) Facey Medical Foundation/Billing; (3)
Facey Medical Group/Radiology MRI; and (4) CVS Pharmacy with 12/10/24 as the date
for production. (Herron Decl., Ex.1). On 11/26/24, Plaintiffs’ counsel sent a meet
and confer email to Defendants’ counsel regarding issues Plaintiff had with the
subpoenas and requesting that amended subpoenas be issued with certain
limitations. (Gordon Decl., Ex.1). Defendants’ attorney did not respond to the
meet and confer letter. (Gordon Decl.;
Herron Decl.).
On 12/3/24, Plaintiff Nicole Slotterbeck Bard (Plaintiff)
served formal objections to the deposition subpoenas. (See Gordon Decl., Ex.1; Herron Decl.,
Ex.2). Again, Defendants did not respond
to the objections. (Gordon Decl.; Herron
Decl.) Therefore, on 12/9/24, Plaintiff
filed and served the instant motion seeking an order quashing the deposition
subpoenas served on 11/15/24 by Defendants Julio Cesar Duran and J. Duran
Construction, Inc. to: (1) Facey Medical Group/Medical/ROI Department; (2)
Facey Medical Foundation/Billing; (3) Facey Medical Group/Radiology MRI; and
(4) CVS Pharmacy. Additionally,
Plaintiff Nicole Slotterback Bard requests an order imposing sanctions against
Defendants Julio Cesar Duran and J. Duran Construction, Inc. in the amount of
$1,500.00 which may increase. The motion
was originally scheduled for hearing on 5/16/25. On 4/22/25, the Court continued the hearing
on the motion to 6/2/25 but specifically ordered that the opposition and reply
were due pursuant to the 5/16/25 hearing date.
(See Notices of Continuance filed 4/22/25 and 4/29/25). As such, the opposition was due 9 court days
before the 5/16/25 hearing date, or on or before 5/5/25. See CCP 1005(b).
On 5/7/25, Defendants filed and served a late opposition
to the motion. On 5/9/25, Plaintiff
filed and served a reply to the opposition.
ANALYSIS
The opposition argues that the motion, including the
request for sanctions, should be denied because the subject subpoenas were
withdrawn on 4/1/25 and re-issued days later with limitations consistent with
Plaintiff’s objections.
In the reply, Plaintiff concedes that the subject
subpoenas have been withdrawn. (See
Herron Reply Decl.; Gordon Reply Decl.)
However, Plaintiff argues that sanctions should still be imposed on
Defendants and their counsel because Defendants failed to respond to
Plaintiff’s meet and confer efforts and formal objections forcing Plaintiff to
incur attorneys’ fees in relation to the filing of this motion.
Plaintiff is entitled to an award of sanctions against Defendants
and their counsel, Wesierski & Zurek, LLP, for
failing to respond to Plaintiff’s meet and confer efforts and formal objection
forcing Plaintiff to incur attorney fees and costs in relation to the filing of
the instant motion. See CCP
1987.2; CCP 2023.010(i); CCP 2023.030(a).
Defendants counsel offers no explanation for the failure to respond to
Plaintiff’s meet and confer efforts and/or formal objections. (See Zurek Decl.). Nor does Defendants’ counsel explain why the
subject subpoenas were not withdrawn before Plaintiff filed the instant
motion. Id. Defendants’ counsel states that he was engaged in trial from around early March 2025 until
on or about 4/4/25. Id. However, defense counsel does not explain why
there was no response to Plaintiff’s meet and confer efforts and objections
served in November and December of 2024 before this motion was filed and served
on 12/9/24. Id.
The Court finds that sanctions in the amount of $1,585.17
(2 hours to prepare motion + 1 hour to review opposition, prepare reply and
appear multiplied by $500/hour + costs in the amount of $85.17) are reasonable
under the circumstances. (See
Herron Decl. ¶¶9-14; Herron Reply Decl. ¶¶7-8).
CONCLUSION
The request to quash the deposition subpoenas is moot due
to the subject subpoenas being withdrawn.
The request for sanctions is granted.
Sanction in the amount of $1,585.17 are imposed on Defendants Julio
Cesar Duran and J. Duran Construction, Inc. and their counsel, Wesierski &
Zurek, LLP. Sanctions are payable within
30 days.