Judge: Michael Shultz, Case: 22CMCV00064, Date: 2023-02-14 Tentative Ruling
Case Number: 22CMCV00064 Hearing Date: February 14, 2023 Dept: A
22CMCV00064
Compton Unified School District v. Marvin Liddell, James Burnett, and BP
Builders
[TENTATIVE] ORDER
The complaint alleges Defendant,
Marvin Liddell, Plaintiff’s employee, violated conflict-of-interest laws in
directing public contracts to Defendants, James Burnett and BP Builders, in
whom Liddell allegedly had a financial interest. Plaintiff alleges claims for
violation of conflict-of-interest laws under Government Code section 1090 and for
declaratory relief.
Plaintiff personally served a
subpoena for production of business records on nonparty, Liddell Development
and Construction, a Partnership (LDC). Plaintiff
alleges that Liddell and Burnett were partners in LDC, Burnett invested in LDC,
and Burnett, as Defendant BP Builder’s owner, gave Liddell and/or LDC at least
one project. The date for production was scheduled for December 5, 2022,
however, LDC failed to comply or respond to the subpoena. Plaintiff also
requests imposition of sanctions. No opposition has been filed.
The court can compel a witness’
compliance with a subpoena for the production of documents. (Code Civ. Proc., § 1987.1). The nonparty deponent
must be personally served with the motion “unless the nonparty deponent agrees
to accept service by mail or electronic service at an address or electronic
service address specified on the deposition record." (Cal Rules of Court, Rule 3.1346). The proof of
service attached to the motion reflects that Plaintiff served the nonparty
witness by mail. See Proof
of service filed 1/10/23.
As service of the motion is
defective, the Court takes the motion OFF CALENDAR.