Judge: Michael Shultz, Case: 23STCV29374, Date: 2025-01-14 Tentative Ruling
Case Number: 23STCV29374 Hearing Date: January 14, 2025 Dept: 40
23STCV29374
Antonio Becerra, et al. v. Roger Anderson, Trustee of the RWA Trust, etc. et al.
Tuesday,
January 14, 2025.
[TENTATIVE] ORDER
This action
arises from an alleged wrongful foreclosure of Plaintiffs’ home by Defendants. Defendant,
Roger Anderson, Trustee of the RWA Trust (“Defendant” or “Trustee”) requests an
order to compel a nonparty witness, Union Home Loan, Inc. (“Union”) to produce
documents pursuant to a deposition subpoena for records issued by Defendant.
Defendant also seeks imposition of sanctions.
The motion is defective as it
was not personally served on the nonparty witness as required by statute. 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. (CA
ST CIVIL RULES Rule 3.1346.) The proof of service attached
to the motion reflects that Defendant electronically served the motion on other
parties.
As service of the motion is
defective, the court takes the motion OFF CALENDAR.