Judge: Theodore R. Howard, Case: 21-1206457, Date: 2022-09-22 Tentative Ruling

The motion of plaintiff APRB Yellowstone, LLC, for an order compelling third-party JPMorgan Chase Bank N.A. to comply with a subpoena for the production of documents is GRANTED only to the extent that Chase is to produce the documents.  The motion is DENIED to the extent that it imposes any sanctions against JPMorgan Chase Bank. 

A copy of the subpoena that the moving plaintiff seeks to enforce was submitted as Exhibit 1 to the moving papers.  The proof of service that was filed as part of Exhibit 1 shows that it was personally served on JPMorgan Chase Bank in Glendale on 9-10-21 and that a notice to consumer was also served.  In his declaration, counsel for moving plaintiff indicates that no response to the deposition subpoena has been received by First Legal, who is the deposition officer. 

The opposition shows that Chase has been trying to cooperate with plaintiff’s counsel and that its counsel has tried to contact counsel to provide the documents but to no avail.  The opposition also complains that plaintiff’s counsel did not meet and confer before bringing the motion and that counsel never showed that proof that a notice to consumer was served with the subpoena.