Judge: Robert B. Broadbelt, Case: 22STCV18427, Date: 2024-09-06 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: 22STCV18427 Hearing Date: September 6, 2024 Dept: 53
Kylale, LLC v. Kawamura 22STCV18427
Ex
Parte Application 9/6/24
The
court finds that defendant has not satisfied the requirement of California Rules
of Court, rule 3.1202, subdivision (c), that an applicant for an ex parte order
must make an affirmative factual showing in a declaration containing competent
testimony based on personal knowledge of irreparable harm, immediate danger, or
other statutory basis for granting relief (to quash deposition subpoena) on an ex
parte basis. The court therefore denies defendant’s
ex parte application to quash deposition subpoena for Kumi Kawamura and
production of her banking records, without prejudice to defendant’s filing a
motion to quash or modify the subpoena under Code of Civil Procedure section
1987.1 on regular notice.
Code
of Civil Procedure section 1985.3, subdivision (g) provides: “No witness or deposition officer shall be
required to produce personal records after receipt of notice that the motion [to
quash or modify the subpoena] has been brought by a consumer . . . , except upon order of the court in
which the action is pending or by agreement of the parties, witness and
consumers affected.”
In
order to give defendant an opportunity to file a motion to quash or modify the
subpoena directed to Bank of America on regular notice and to serve notice of
the motion on the parties and Bank of America, the court orders that Bank of
America shall not produce records in response to the subpoena concerning
defendant Kumi Kawamura before September 12, 2024.
The court
orders defendant to give notice of this order to all parties and nonparty
deponent Bank of America.