Judge: Robert P. Dahlquist, Case: 37-2022-00001972-CU-PA-NC, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 30, 2023

12/01/2023  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00001972-CU-PA-NC ROJAS VS ROJAS-SALGADO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/07/2023

Motion to quash the deposition subpoena to Robert Wayne Elliot (ROA # 75) Defendant Arturo Rojas-Salgado's motion to quash the deposition subpoena issued to non-party witness Robert Wayne Elliot is denied.

The court finds that there is a reasonable likelihood that the deposition of this witness may lead to the discovery of relevant evidence. For example, it is reasonable to believe that this witness may have observed plaintiff's physical and mental condition at the scene of the collision and/or may have knowledge of the nature of any injuries that plaintiff may have sustained.

Plaintiff's request for monetary sanctions is granted. The court orders that Attorney Dwayne S. Beck and Dwayne S. Beck & Associates, APC, jointly and severally, pay monetary sanctions in the amount of $3,012.95 to plaintiff Teofila Rojas. The monetary sanctions shall be paid by Jan. 2, 2024.

Motion to quash the deposition subpoena to M.L. Sergeant (ROA # 76) Defendant Arturo Rojas-Salgado's motion to quash the deposition subpoena issued to non-party witness M.L. Sergeant ID #020673 is denied.

The court finds that there is a reasonable likelihood that the deposition of this witness may lead to the discovery of relevant evidence. For example, it is reasonable to believe that this witness may have knowledge concerning the nature of any injuries that plaintiff may have sustained and/or knowledge of the identity of other relevant witnesses.

Plaintiff's request for monetary sanctions is granted. The court orders that Attorney Dwayne S. Beck and Dwayne S. Beck & Associates, APC, jointly and severally, pay monetary sanctions in the amount of $2,212.95 to plaintiff Teofila Rojas. The monetary sanctions shall be paid by Jan. 2, 2024.

Motion to quash the subpoena to CVS Pharmacy (ROA # 93) Plaintiff's motion to quash the subpoena to CVS Pharmacy is denied as set forth below.

The court will conduct an in camera review of the subpoenaed records to determine which records, if any, should be made available to defendant. The court will balance plaintiff's right to privacy against Calendar No.: Event ID:  TENTATIVE RULINGS

3057619 CASE NUMBER: CASE TITLE:  ROJAS VS ROJAS-SALGADO [IMAGED]  37-2022-00001972-CU-PA-NC defendant's right to reasonable discovery concerning the medical conditions at issue in this lawsuit.

CVS should produce responsive documents to the deposition officer. The deposition officer should then send a copy of the records to the court for in camera review. The deposition officer may also release a copy of the records to plaintiff's counsel. The court requests that plaintiff's counsel review the records to determine if plaintiff will provide any or all of the records to defendant. The deposition officer is directed not to release the records to defendant's counsel pending further court order.

The court will conduct a hearing to discuss the results of the in camera review on Jan. 12, 2024 at 2:30 pm.

Other matters The court continues to have serious doubts about the propriety of Attorney Dwayne Beck purporting to represent a client who has disappeared. The court is not proposing to take any formal action on this issue at this time but the court would like to advise Attorney Beck to be aware of the court's concerns and to be on notice that the court may propose a formal action in the future if the client remains missing.

The minute order constitutes the court's order. No proposed order needs to be submitted.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, December 1, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 1, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3057619