Judge: Robert B. Broadbelt, Case: BC704662, Date: 2022-12-14 Tentative Ruling

Case Number: BC704662    Hearing Date: December 14, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Lottie Cohen

RESPONDING PARTY:       Unopposed

Motion to Quash Plaintiff’s Deposition Subpoena for Production of Business Records and for Monetary Sanctions

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

DISCUSSION

Defendant Lottie Cohen (“Defendant”) moves the court for an order (1) quashing the deposition subpoena served on the Los Angeles County Bar Association (Smartlaw—Lawyer Referral Service) by plaintiff Maher Memarzadeh (“Plaintiff”), and (2) awarding sanctions in favor of Defendant and against Plaintiff in the amount of $1,135.

First, the court grants Defendant’s motion to quash the deposition subpoena.  (Code Civ. Proc., § 1987.1.)

Plaintiff served the Deposition Subpoena for Production of Business Records on the Los Angeles County Bar Association (Smartlaw—Lawyer Referral Service) on February 9, 2022, requesting the production of documents reflecting adverse complaints against Defendant, including, inter alia, allegations of negligence, professional negligence, misappropriation of funds, fraud, and any related complaints.  (Glaser Decl., Ex. A, Deposition Subpoena, Attachment 3—Adverse Professional Claims (Legal).)  The subpoena further requests the production of documents regarding any adverse incident/investigative reports that include the names and addresses of all witnesses, all investigative notes or memoranda, all written statements of witnesses, and the names and addresses of all persons who have knowledge of the occurrences underlying any investigative complaints.  (Ibid.)

The court finds that any documents relating to (1) adverse complaints, (2) adverse incidents/investigative reports, (3) investigative reports, (4) investigative notes, (5) witness statements, and (6) overhearing persons, as requested in the subpoena, are not relevant to the subject matter involved in this action.  In particular, the court notes that the document requests concerning allegations of professional negligence and fraud are not relevant to the subject matter of this action because the court, on January 14, 2021, sustained the demurrer to Plaintiff’s legal malpractice and fraud causes of action without leave to amend.  Plaintiff has not filed opposition papers explaining the relevance of the categories of the documents requested.

The court finds that the deposition subpoena served on the Los Angeles County Bar Association (Smartlaw—Lawyer Referral Service) requests the production of documents that are not relevant to the subject matter of this action and are not reasonably calculated to lead to the discovery of admissible evidence.  The court therefore grants Defendant’s motion to quash the subpoena.  (Code Civ. Proc., §§ 2017.010; 1987.1, subd. (a).) 

Second, the court grants Defendant’s request to award Defendant reasonable expenses incurred in making the motion against Plaintiff in the amount of $1,135 pursuant to Code of Civil Procedure section 1987.2.  The court may award the amount of reasonable expenses incurred in making a motion under section 1987.1 if the court finds that “the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.”  (Code Civ. Proc., § 1987.2, subd. (a).)  For the reasons set forth above, the court finds that the requirements of Plaintiff’s deposition subpoena were oppressive.

The court therefore grants Defendant’s request to award reasonable expenses incurred in making the motion against Plaintiff.  The court finds that $1,135 (5 hours x $265 hourly rate + $60 motion filing fee) is a reasonable amount of expenses to award in favor of Defendant and against Plaintiff in connection with this motion.  (Glaser Decl., ¶ 5.)

ORDER

            The court grants defendant Lottie Cohen’s motion to quash Plaintiff’s deposition subpoena and for monetary sanctions.

            The court orders that the Deposition Subpoena for Production of Business Records served on the Los Angeles County Bar Association (Smartlaw—Lawyer Referral Service) by plaintiff Maher Memarzadeh, as attached as Exhibit A to the declaration of Joel Glaser, is quashed in its entirety.  (Code Civ. Proc., § 1987.1.)

The court orders plaintiff Maher Memarzadeh to pay the reasonable expenses incurred in making the motion to defendant Lottie Cohen in the amount of $1,135 within 30 days of the date of this order.  (Code Civ. Proc., § 1987.2.)

The court orders defendant Lottie Cohen to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 14, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court