Judge Serena R. Murillo, Case 19STCV17027 2022-08-26 Tentative Ruling

Judge: Serena R. Murillo, Case: 19STCV17027, Date: 2022-08-26 Tentative Ruling

Case Number: 19STCV17027 Hearing Date: August 26, 2022 Dept: 29

TENTATIVE

Defendant SGD Enterprises’ motion to compel compliance with subpoena duces tecum is GRANTED. Century Medical Group is ordered to produce its Person Most Knowledgeable and the documents at issue in the subpoena within 30 days this order. The request for sanctions is GRANTED. Century Medical Group is ordered to pay Defendant monetary sanctions in the amount of $474 within 30 days of this order.

Legal Standard

Generally, proper service of a deposition subpoena compels a non-party deponent to appear, to testify, and to produce documents if requested. (CCP § 2020.220(c).) A deposition can be taken of any entity by examining an officer or agent designated to testify on its behalf. (CCP § 2025.010.) Such an individual is often referred to as a Person Most Knowledgeable (“PMK”) or Person Most Qualified (“PMQ”) depositions. (CCP § 2025.230.)

When a nonparty is served with a deposition subpoena but fails to attend the deposition or refuses to be sworn as a witness, the party that served the subpoena may move for an order directing compliance with the subpoena and imposing other terms or conditions as the judge considers appropriate.¿(CCP § 1987.1(a).) Unlike the motion against a party deponent, the motion to compel a nonparty's attendance does not require the deponent to serve objections, does not require a meet and confer, and monetary sanctions against the losing party are not mandatory. (Id.)

If a deponent fails to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or deposition subpoena, the deposing party may move for an order compelling that production. (CCP § 2025.480(a).) However, the subpoenaing party may only seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Id. § 2025.480(b).)

Discussion

Defendant moves to compel compliance with its subpoena duces tecum served on Century Medical Group for its Person Most Knowledgeable to appear for deposition and to produce medical records, billing records, and employment records, including payroll for Plaintiff from January 1, 2013 to the present. (Motooka Decl., Exh. B.)

On January 10, 2022, the subpoena and notice of taking deposition pursuant to the subpoena was served on Century Medical Group by personal service, to take place on February 8, 2022. (Id., Exh. D.) There was no objection to the subpoena duces tecum. (Id., ¶ 12.) The Person Most Knowledgeable of Century Medical Group did not appear for deposition on February 8, 2022, and none of the documents requested by the subpoena were produced. (Id., ¶ 13; Exh. E.)

Thus, as Defendant has properly noticed the deposition of Century Medical Group’s PMK and its request for production of documents, and the PMK failed to appear and produce the documents, the motion to compel the PMK of Century Medical Group is granted. Century Medical Group is ordered to produce its Person Most Knowledgeable and the documents at issue in the subpoena within 30 days this order.

Defendant requests sanctions against Century Medical Group in the amount of $1,026 pursuant to CCP section 1987.2. “[I]n 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 of Civ. Proc. § 1987.2(a).)

As the motion is granted, the request for sanctions is also granted but in a reduced amount due to the simplicity of the motion, and because there was no opposition to respond to. Therefore, Century Medical Group is ordered to pay Defendant monetary sanctions in the amount of $474 ($138 per hour for 3 hours, plus $60 filing fee) within 30 days of this order.

Conclusion

Accordingly, Defendant’s motion to compel compliance with subpoena duces tecum is GRANTED. Century Medical Group is ordered to produce its Person Most Knowledgeable and the documents at issue in the subpoena within 30 days this order. The request for sanctions is GRANTED. Century Medical Group is ordered to pay Defendant SGD Enterprises monetary sanctions in the amount of $474 within 30 days of this order.

Moving party is ordered to give notice.