Judge: Richard Y. Lee, Case: 30-2021-01188136, Date: 2022-07-28 Tentative Ruling

Defendants Luke Roofing, Inc. and Guadalupe Jose Gutierrez seek an order compelling non-party UCI Health’s person most knowledgeable (“PMK”) to attend, testify and produce requested records at the deposition. Defendants also request an order imposing monetary sanctions in the amount of $432.00 against the PMK for UCI Health.

Code Civ. Proc. §1987.1(a) provides, in relevant part, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information…at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b)…may make an order…directing compliance with it upon those terms or conditions as the court shall declare.”

Code Civ. Proc. §2020.240 provides, in relevant part, that a deponent who disobeys a deposition subpoena in any manner is “also subject to the forfeiture and the payment of damages….”

In this instance, on 4/5/2022 non-party UCI was served with a Deposition Subpoena for Personal Appearance and Production of Documents and Things, setting the Deposition for 4/25/2022. [Decl. of Leeper ¶2, Ex. A.] The subpoena required the PMK of UCI Health to produce, “Any and all records, medical records or documents pertaining to Guillermina Carbonaro, previously known as Guillermina Ibarra…” The PMK, Brenda Oviedo, appeared at the deposition, but failed to provide the requested documents. [Decl. of Leeper¶6, Ex. D.] Subsequently, although there was a willingness to comply with the deposition subpoena, to date, no documents have been received. [Decl. of Leeper¶¶7-9, Ex. F.]

Moving Party seeks sanctions against non-party UCI Health in the amount of $432 which represents 1 hour of attorney time at $186 an hour for preparation of the motion; 1 hour of appearance time; and $60 for filing fees, etc. [Id.¶10]

The motion is unopposed.

Non-party UCI Health failed to comply with the deposition subpoena to produce the documents.  Accordingly, the motion is GRANTED.

Non-party UCI Health is ordered to attend, testify and produce records at the deposition on August 17, 2022.

The Court declines to award sanctions at this time, however further failure to comply with court subpoenas and orders of this court will result in the imposition of monetary sanctions.

Moving party to give notice.