SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background Facts 

Plaintiffs, Kaitlin Harvey and Markeith Harvey (“Plaintiffs”) filed this action against Defendant, Top Dog Limo Bus, Inc. (“Defendant”) for damages arising from an automobile incident. Plaintiffs allege causes of action for (1) negligence, (2) negligent hiring, supervision, and retention, and (3) loss of consortium. 

Defendant, at this time, moves to compel the deposition of non-party Vernon Lee Boyd (“Boyd”).  Defendant asserts it served Boyd with a valid deposition subpoena that required Boyd to appear for his deposition on February 15, 2023, but Boyd did not appear for his deposition.   

The motion is unopposed.   

 

II. Motion to Compel Non-Party Deposition 

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.  (Code Civ. Proc., § 2020.010.)  A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things.  (Code Civ. Proc., § 2020.020.) 

A service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to provide the deponent a reasonable opportunity to locate and produce any designated documents and, where personal attendance is commanded, a reasonable time to travel to the place of deposition.  (Code Civ. Proc., § 2020.220, subd. (a).)  Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies.  (Code Civ. Proc., § 2020.220, subd. (c).)  A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior order of the court directing compliance by the witness.  (Code Civ. Proc., § 2020.240.)  

A “written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent 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.)   

In this case, Defendant asserts Boyd was Defendant’s former employee and operated the vehicle owned by Defendant on the date of the incident. The vehicle was then stolen by Cross-Defendant Melissa Danielle Jackson. Defendant avers Boyd’s testimony is relevant and necessary to Defendant’s defense of the case to obtain information of the facts leading up to the theft of the limousine. Defendant provides proof of service showing personal service upon Boyd with the deposition subpoena. There has been no objection filed to the subpoena for Boyd’s deposition, nor has any opposition or motion to quash been filed. Further, Defendant filed proof of service showing it served Boyd with a copy of the moving papers by personal service. (CRC, Rule 3.1346.) 

Therefore, the motion to compel compliance with the deposition subpoena is GRANTED.  Non-party Boyd is ordered to appear for deposition at a date, time, and location to be noticed by Defendant.  Defendant must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

 

Moving party is ordered to give notice.   

C61906 

 

Dated this 19th day of October 2023