Judge: Shirley K. Watkins, Case: 21STCV00446, Date: 2023-05-11 Tentative Ruling
If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.
Case Number: 21STCV00446 Hearing Date: May 11, 2023 Dept: T
21STCV00446 H.L. DOE, et al. vs TONY LOPEZ
[TENTATIVE] ORDER: Defendants Thomas Petrou and The Hype House LLC’s Motion to Quash the Deposition Subpoena to William Morris Endeavor Entertainment, LLC is DENIED WITHOUT PREJUDICE. Plaintiffs H.L. Doe and C.H. Doe’s Deposition Subpoena served upon William Morris Endeavor Entertainment, LLC is STRICKEN.
Plaintiffs H.L. Doe and C.H. Doe’s request for sanctions is DENIED WITHOUT PREJUDICE.
Defendant Chase Hudson’s request for joinder is GRANTED.
Defendants Thomas Petrou and The Hype House LLC (collectively, Defendants) moved to quash Plaintiffs H.L. Doe and C.H. Doe (collectively, Plaintiffs) deposition subpoena and business records demand upon William Morris Endeavor Entertainment, LLC (WME.) Defendants requested $3,150.00 in monetary sanctions against Plaintiffs and/or their Counsels.
Plaintiffs’ opposition requested $3,750.00 in monetary sanctions against Defendants and Counsels.
Discussion
Trial for this action was originally set for May 17, 2023 (See the September 7, 2022 Case Management Conference Minute Order.) The discovery cutoff date is April 17, 2023 (i.e., discovery is to be “completed” on or before the cutoff) and the discovery motion cutoff date is May 2, 2023 (i.e., discovery motions are to be heard on or before the cutoff.) (Code Civ. Proc. sec. 2024.020(a).) Discovery is deemed “completed” on the day a response is due and a deposition is deemed “completed” on the day the deposition begins. (Code Civ. Proc. sec. 2024.010.)
At the April 5, 2023 hearing on an Ex Parte Application, the Court ordered the Trial Date continued to July 28, 2023. The Court expressly ordered that discovery was closed as of the current discovery cutoff (i.e., April 17, 2023,) “except as to the following: (a) Motions to compel discovery as to discovery which was otherwise timely served under the current discovery cutoff.” (See April 5, 2023 Minute Order.)
The Deposition Subpoena for Production of Business Records at issue was served on March 28, 2023 and ordered the production of the business records for April 21, 2023. (Angert Decl., Exh. 7.) Because the production date and/or the beginning of the deposition was scheduled after the April 17, 2023 discovery cutoff date, the deposition/production was not completed before the discovery cutoff. The deposition subpoena is untimely and barred by the cutoff date. The continued trial date and the Court’s condition upon discovery did not work to save the deposition subpoena.
The instant motion was filed and served on April 14, 2023 and scheduled to be heard on May 11, 2023. Because the motion hearing date was scheduled after the discovery motion cutoff date of May 2, 2023, the instant motion is also untimely and barred by the discovery motion cutoff date. Again, the continued trial date and the Court’s condition upon discovery motions did not work to save the instant motion.
The motion to quash is DENIED WITHOUT PREJUDICE. The Court STRIKES the deposition subpoena served upon William Morris Endeavor Entertainment, LLC.
Plaintiffs’ request for sanctions is unpersuasive because there is insufficient showing of a discovery abuse. Plaintiffs’ underlying deposition subpoena being untimely resulted in the instant motion’s argument being persuasive, albeit the motion being untimely as well. Plaintiffs’ request for sanctions is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED, CLERK TO GIVE NOTICE.