Judge: Michelle C. Kim, Case: 22STCV06777, Date: 2023-08-28 Tentative Ruling

Case Number: 22STCV06777    Hearing Date: December 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

FELIX ROBINSON, 

Plaintiff(s), 

vs. 

 

ALTHEA WEEKS, ET AL., 

Defendant(s). 

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Case No.: 22STCV06777 

 

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA WITHOUT PREJUDICE 

 

Dept. 31 

1:30 p.m.  

December 11, 2023 

 

Plaintiff Felix Robinson (“Plaintiff”) filed this action against defendant Althea Weeks (“Defendant”) for damages arising from a motor vehicle accident.   

 

At this time, Defendant moves to compel nonparty Hikaru Komiyama (“Komiyama”) to appear for her deposition pursuant to Defendant’s deposition subpoena. This matter was initially set to be heard on October 28, 2023, wherein the Court’s tentative denied the motion on the grounds that when moving to compel a non-party to comply with a deposition subpoena, all moving papers must be served on the nonparty by personal service, unless otherwise agreed to. Defendant did not personally serve Komiyama with the motion. After the Court issued its tentative, it appears Defendant continued the motion from October 28, 2023 to December 11, 2023. Thereafter, Defendant filed a new motion to compel Komiyama’s deposition on September 1, 2023.  

 

However, the renewed motion to compel a non-party deposition suffers from the same defects. Pursuant to CRC 3.1346, when moving to compel a non-party to comply with a deposition subpoena, all moving papers must be served on the nonparty by personal service, unless the nonparty deponent agrees to accept service by mail or electronic service. There is no proof of service indicating that Komiyama was personally served with the instant motion.  

 

The motion is therefore denied without prejudice. 

 

Defendant is 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 8th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court