Judge: Michael E. Whitaker, Case: 21STCV46053, Date: 2023-04-27 Tentative Ruling

Case Number: 21STCV46053    Hearing Date: April 27, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

            Defendants Southern California Gas Company and Henry Campos (collectively, Defendants) move to compel the Custodians of Records for Mani Chiropractic Corporation, Coronis Health, and ProHealth Advanced Imaging (collectively, Deponents) to comply with the subpoenas duces tecum served on Deponents, and to produce records as requested in the subject subpoenas.  Defendants also seek monetary sanctions in connection with the motion.  Plaintiff has not filed an opposition.  

            Preliminarily, the Court notes that Defendants have not advanced evidence to show that they personally served the subject subpoenas on Deponents as required.  (Code Civ. Proc., § 2020.220, subd. (c)(2).)  Here, Defendants attached to the motion proofs of service which indicate that Mani Chiropractic Corporation was served by mail.  Defendants did not attach proofs of service of the subpoenas pertaining to Coronis Health and ProHealth Advanced Imaging, whether service was perfected by mail or personal delivery.   (See Declaration of Melissa A. Sandoval, ¶ 3, Exhibit A.) 

            Accordingly, the Court denies Defendants’ motion as procedurally defective.  Defendants shall give notice of the Court’s ruling and file a proof of service of such.