Judge: Salvatore Sirna, Case: 23PSCV03588, Date: 2025-04-16 Tentative Ruling
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Case Number: 23PSCV03588 Hearing Date: April 16, 2025 Dept: G
Plaintiff Frankie Jade Villareal’s Motion to Quash Defendant
Azusa Unified School District’s Subpoenas & Request for Monetary Sanctions
Respondent: Defendant Azusa Unified School District
TENTATIVE RULING
Plaintiff Frankie Jade Villareal’s Motion to Quash Defendant Azusa Unified School District’s Subpoenas & Request for Monetary Sanctions is DEEMED MOOT.
Plaintiff Frankie Jade Villareal’s counsel is ordered to pay sanctions in the amount of $625 to Defendant Azusa Unified School District within thirty (30) days of the issuance of this order.
BACKGROUND
This is an action arising from personal injury. On November 16, 2025, plaintiff Frankie Jade Villareal (Plaintiff), by and through her guardian ad litem Dominique Martinez, filed a complaint against the City of Azusa, Azusa Unified School District (Defendant), and Does 1 through 50, alleging the following causes of action: (1) negligence and (2) premises liability. Plaintiff alleges school children knocked her off a slide at Dalton Elementary School, located at 501 East 10th Street, Azusa, CA 91702.
On March 17, 2025, Plaintiff filed the present motion. A hearing on the motion is set for April 16, 2025, along with a post-mediation status conference/trial setting conference.
ANALYSIS
Plaintiff moves to quash Defendant’s deposition subpoenas for production of business records from Azusa Police Department, Baldwin Police Department, Barstow Police Department, El Monte Police Department, Los Angeles County Sheriff’s Department, Los Angeles Police Department, and West Covina Police Department. Plaintiff also requests monetary sanctions in the amount of $10,092. For the following reasons, the court DEEMS the motion MOOT.
Legal Standards
Code of Civil Procedure, section 1987.1
If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands such as unreasonable violations of the right of privacy. (Code Civ. Proc., § 1987.1.)
Code of Civil Procedure, section 1987.2
In making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds 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).)
Code of Civil Procedure, section 2025.410
In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion. (Code Civ. Proc., § 2025.410, subd. (c).)
The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to quash a deposition notice, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.410, subd. (d).)
A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2016.040.)
Discussion
The court finds the motion moot, because Defendant has not served the subpoenas and has cancelled the order.
Here, counsel for Defendant informs the court that Defendant never served the subpoenas and cancelled the order on March 31, 2025. (Lukyanov Decl., ¶¶ 6-8, 10, Exh. F.) Counsel for Defendant asserts that Plaintiff’s counsel knew Defendant never served the subpoenas and Plaintiff’s objections would prevent service. (Lukyanov Decl., ¶¶ 8, 11, 17, Exh. E.) Counsel for Defendant provides emails showing that Defendant cancelled the subject subpoenas. (Lukyanov Decl., Exh. F.) Because Defendant never served the subpoenas and cancelled the order, the court finds the motion MOOT.
Accordingly,
Plaintiff’s motion is DEEMED MOOT.
Sanctions
Defendant moves for sanctions under Code of Civil Procedure section 1987.2, subdivision (a). The court agrees that Defendant is entitled to sanctions because Plaintiff filed this motion without substantial justification when they knew that Defendant did not serve the subpoenas.
Utilizing a lodestar approach and in view of the totality of the circumstances, the court awards Defendant reasonable attorney fees in the reduced amount of $625.00 (2.0 hours drafting the opposition and 0.5 hours attending the hearing at an hourly rate of $250).
CONCLUSION
Based on the foregoing, Plaintiff’s motion to quash subpoenas is DEEMED MOOT.
The court awards sanctions to Defendant in the amount of $625, payable within thirty (30) days of the issuance of this order.