Judge: Michael Shultz, Case: 22CMCV00064, Date: 2023-04-27 Tentative Ruling
Case Number: 22CMCV00064 Hearing Date: April 27, 2023 Dept: A
22CMCV00064
Compton Unified School District v. Marvin Liddell, et al.
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH PLAINTIFF’S
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS BY NON-PARTY LIDDELL
DEVELOPMENT AND CONSTRUCTION, A PARTNERSHIP, AND REQUEST FOR SANCTIONS
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 Defendant 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.”) (Motion,
Ex. 1.) Plaintiff alleges that Liddell and Burnett were partners in LDC. The
subpoena requests documents relating to Burnett’s and Liddell’s relationship and
interests in LDC, which is relevant to Plaintiff’s conflict of interest claims.
Plaintiff alleges Liddell directed an “open” purchase order on behalf of
Plaintiff for Burnett and BP Builders to make emergency carpentry repairs
throughout the school district. (Complaint, ¶ 14).
The court can compel a witness’
compliance with a subpoena for the production of documents. (Code Civ. Proc., § 1987.1.) The date for production was
scheduled for December 5, 2022, however, LDC failed to comply or otherwise respond
to the subpoena. Plaintiff personally served LDC with the motion as required by
rule. (Cal Rules of Court, Rule 3.1346).
No opposition has been filed. Accordingly, the motion is GRANTED. The witness
is ordered to comply with the subpoena and produce documents within 10 days.
The Court awards fees to Plaintiff
for reasonable expenses incurred in the reduced amount of $570.00 ($285 per
hour x two hours to prepare the motion and to appear) payable by the non-party
witness, Liddell Development and Construction, a Partnership, payable to
Plaintiff within 10 days. (Code Civ. Proc., § 1987.2)