Judge: Olivia Rosales, Case: VC067069, Date: 2022-08-17 Tentative Ruling

Case Number: VC067069    Hearing Date: August 17, 2022    Dept: SEC

HUANG v. JAN

CASE NO.:  VC067069

HEARING:  08/17/22

JUDGE:  OLIVIA ROSALES

#6

TENTATIVE ORDER

Defendants/Cross-Complainants CHYAN-WEN JAN; CHING WEN CHEN; and JAN FRUITS, INC.’s unopposed Motion for Issuance of Letters Rogatory is GRANTED.

Moving Party to give Notice.

No Opposition filed a of August 15, 2022.

Defendants/Cross-Complainants CHYAN-WEN JAN; CHING WEN CHEN; and JAN FRUITS, INC. (collectively “Defendants”) request that the Court issue letters rogatory seeking judicial assistance from the Ontario Superior Court of Justice in compelling the production of documents from non-party Wah Teng Produce (“WTP”) an Asian produce distributor based in Ontario, Canada.

If a deponent is not a party to the action, a party serving a deposition notice under this section shall use any process and procedures required and available under the laws of the foreign nation where the deposition is to be taken to compel the deponent to attend and testify, as well as to produce any documents, electronically stored information, or tangible thing for inspection, copying, testing, sampling, and any related activity. (CCP §2027.010(c).) “On motion of the party seeking to take an oral deposition in a foreign nation, the court in which the action is pending shall issue a commission, letters rogatory, or a letter of request, if it determines that one is necessary or convenient. The commission, letters rogatory, or letter of request may include any terms and directions that are just and appropriate.” (CCP §2027.010(e).)

The Court finds that the Letters Rogatory is necessary and convenient to produce evidence which will assist this Court in the resolution of certain issues to be decided at trial or in the adjudication of this action.

The unopposed Motion is GRANTED.