Judge: Robert B. Broadbelt, Case: 21STCV35177, Date: 2023-10-17 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 21STCV35177    Hearing Date: October 17, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Corona Capital Group, LLC and Western Fidelity Associates, LLC

RESPONDING PARTY:       Unopposed

Motion to Quash and Motion for Protective Order

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Defendants Corona Capital Group, LLC and Western Fidelity Associates, LLC (“Defendants”) move the court for an order (1) quashing the Deposition Subpoena for the Production of Business Records served on Farmers & Merchants Bank by plaintiff Lance Libiano (“Plaintiff”), and (2) issuing a protective order that prevents the production of documents requested in the subpoena.

The court finds that Defendants have not shown that they properly served Plaintiff with the moving papers because the proof of service attached to the motion does not specify the method of service on Plaintiff and is, therefore, defective.  (Mot., p. 14, Proof of Service [leaving unchecked both boxes for service].)  Further, Plaintiff has not filed opposition papers with the court showing that he has been served with the pending motion.  Thus, the court has not been presented with evidence establishing that Plaintiff has been served with the papers filed in support of this motion.

The court therefore exercises its discretion to continue the hearing on Defendants’ motion to quash and for a protective order (1) to give Defendants an opportunity to serve Plaintiff with their motion, and (2) to give Plaintiff the opportunity to file an opposition. 

ORDER

The court orders that the hearing on defendants Corona Capital Group, LLC and Western Fidelity Associates, LLC’s motion to quash and motion for protective order is continued to November 27, 2023, at 10:00 a.m., in Department 53.

The court orders defendants Corona Capital Group, LLC and Western Fidelity Associates, LLC (1) to give notice of this ruling to plaintiff Lance Libiano and to all other parties who have appeared in this action, and (2) to file a new proof of service with the court, no later than October 30, 2023, establishing that plaintiff Lance Libiano has been served with the moving papers and notice of the continued hearing date pursuant to the Code of Civil Procedure.

IT IS SO ORDERED.

DATED:  October 17, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court