Judge: Michael Shultz, Case: 21CMCV00075, Date: 2022-08-04 Tentative Ruling
Case Number: 21CMCV00075 Hearing Date: August 4, 2022 Dept: A
21CMCV00075
[TENTATIVE] ORDER
The Second
Amended Complaint filed on November 12, 2021, alleges that Defendant, County of
Los Angeles (“County”) employed Plaintiff and Defendant, Malvin Mallari
(“Mallari”). Plaintiff alleges that Mallari made sexual advances toward
Plaintiff and threatened to demote her when she complained. Plaintiff alleges
claims for hostile work environment against both Defendants and failure to
prevent harassment against Defendant County.
On July 8, 2022,
County filed this motion to compel a non-party witness, Janis Powell, LCSW, to
comply with a subpoena for business records purportedly served on the witness
on April 7, 2022. Plaintiff disclosed in her discovery responses that she
sought therapy from the witness. Motion, Ex. B, page 6. County argues that
although Plaintiff signed a consent for the release of her therapist’s records,
the witness refuses to comply or communicate with defense counsel. Declaration
of Irene Yousefi, ¶ 7-9.
Service of a
subpoena for production of documents on a nonparty witness must be made
personally. Code Civ. Proc., § 1987(a). Defendant has not provided an affidavit
of such service describing the date, time, and manner of service on the
witness. Additionally, there is no evidence that the witness was personally
served with this motion. A written notice and all moving papers supporting a
motion to compel production of a document or tangible thing from a nonparty
deponent “must be personally served on the nonparty deponent unless the
nonparty deponent agrees to accept service by mail at an address specified on
the deposition record.” Cal Rules of Court, Rule 3.1346. The proof of service
attached to the motion indicates that only the parties were served by mail with
the motion.
Therefore, the motion
is TAKEN OFF CALENDAR for defective service.