Judge: Michelle C. Kim, Case: 19STCV32652, Date: 2023-05-08 Tentative Ruling

Case Number: 19STCV32652    Hearing Date: May 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Uri Perez (“Plaintiff”) filed this action against Defendants George Anderson and Karo Vartanian (collectively, “Defendants”) for damages arising from a motor vehicle accident. 

Defendants assert that Plaintiff claims he received significant medical treatment at BioHealth Pain Management (“BioHealth”) as a result of the accident.  Defendants state that on May 4, 2022, Defendants served BioHealth with three subpoenas to obtain Plaintiff’s medical, billing, and imaging records related to Plaintiff’s treatment at BioHealth.  Defendants provide that no objections to the subpoenas were made, but BioHealth has not provided any documents in response to the subpoenas or responded to Defendants’ meet and confer efforts.  Defendants, thus, seek an order compelling BioHealth to comply with the subpoenas and imposing monetary sanctions against BioHealth. 

Per CRC 3.1346, when moving to compel a non-party to comply with a deposition subpoena, all moving papers must be served on the non-party by personal service.  The proof of service attached to the motion shows service on BioHealth by overnight mail.  This is insufficient.  The motion is therefore denied without prejudice.

Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 8^th day of May 2023