Judge: Robert B. Broadbelt, Case: 23STCV18567, Date: 2024-06-24 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: 23STCV18567    Hearing Date: June 24, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Southern California Gas Company          

RESPONDING PARTY:       Unopposed

Motion to Compel VRC Investigations to Comply with Deposition Subpoena

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

DISCUSSION

Defendant Southern California Gas Company (“Defendant”) moves the court for an order compelling nonparty VRC Investigations (“VRC”) to comply with the Deposition Subpoena for Production of Business Records that Defendant served on VRC on January 8, 2024.  (Esterkin Decl., Exs. A [Deposition Subpoena], B [Proof of Service on SUBP-010].)

The court finds that Defendant has not properly served VRC with the moving papers filed in connection with this motion.  (Cal. Rules of Ct., rule 3.1346.)  

“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 Ct., rule 3.1346.)

The proofs of service attached to the moving papers establish that Defendant served VRC with this motion by electronic service.  (Mot., pp. 8-9 [proof of service of notice of motion and motion]; Separate Statement, pp. 5-6 [proof of service of separate statement]; Esterkin Decl., pp. 40-41 [proof of service of supporting declaration of Jeremy Esterkin]; Ventura Decl., pp. 25-26 [proof of service of supporting declaration of Lulu Ventura].)  The proofs of service do not state that the moving papers were served on VRC by personal service as required.

Moreover, Defendant did not present evidence establishing that VRC “agree[d] to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”  (Cal. Rules of Ct., rule 3.1346.)  The court acknowledges that the evidence filed in support of this motion shows that VRC advised Nationwide Legal LLC that “[s]ubpoenas may be emailed to hr@vrcinvestigations.com[,]” and that Defendant served the moving papers on VRC at that email address.  (Ventura Decl., Ex. B, p. 1 [Dec. 26, 2023 email from VRC’s Compliance Administrator, Krista Koons].)  However, the court finds that this communication does not (1) constitute an agreement to accept service at that email address specified “on the deposition record[,]” or (2) establish that VRC agreed to accept service of motions at that email address.  (Cal. Rules of Ct., rule 3.1346.)  

Thus, the court finds that Defendant was required to serve VRC with this motion by personal service but did not do so.  The court therefore finds that it is appropriate, and exercises its discretion, to continue the hearing on Defendant’s motion to compel VRC’s compliance with its Deposition Subpoena so that Defendant can properly serve VRC by personal service pursuant to California Rules of Court, rule 3.1346.

ORDER

            The court orders that the hearing on defendant Southern California Gas Company’s motion to compel VRC Investigations to comply with deposition subpoena is continued to September 5, 2024, at 10:00 a.m., in Department 53.

            The court orders defendant Southern California Gas Company (1) to serve VRC Investigations with the moving papers filed in connection with its motion to compel compliance in the manner required by California Rules of Court, rule 3.1346, and to file a proof of service with the court no later than August 5, 2024, and (2) to give notice of this ruling to VRC Investigations and to all of the parties who have appeared in this action, and to file the notice of ruling and the proof of service of the notice of ruling with the court no later than August 5, 2024.

IT IS SO ORDERED.

DATED:  June 24, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court