Judge: Theresa M. Traber, Case: 21STCV04765, Date: 2023-02-23 Tentative Ruling
Case Number: 21STCV04765 Hearing Date: February 23, 2023 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: February 23, 2023 TRIAL DATE: August
22, 2023
CASE: Robert Ware v. Department of Public Social Services; County of Los Angeles,
et al.
CASE NO.: 21STCV04765
MOTION TO COMPEL COMPLIANCE WITH SUBPOENA DUCES TECUM FOR
RECORDS
MOVING PARTY: Plaintiff Robert Ware
RESPONDING PARTY(S): No response on
eCourt as of 2/17/23
CASE
HISTORY:
STATEMENT
OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an employment action. Plaintiff
alleges discrimination, harassment, fraudulent misrepresentation, negligent
misrepresentation, and fraudulent concealment arising from his employment with
the Department of Public Social Services.
Plaintiff
moves to compel compliance with a deposition subpoena for records propounded to
T-Mobile U.S. Inc.
TENTATIVE RULING:
Plaintiff
moves to compel compliance with a deposition subpoena for records propounded to
T-Mobile U.S. Inc.
Code of Civil Procedure section 1987.1(a) states, in
relevant part:
If a
subpoena requires the attendance of a witness or the production of books,
documents, 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 . . . may make an
order quashing the subpoena entirely . . . In addition, the court may make any
other order as may be appropriate to protect the person from unreasonable or
oppressive demands, including unreasonable violations of the right of privacy
of the person.
(Code Civ. Proc. § 1987.1(a).) There is no meet and confer
requirement in section 1987.1.
Plaintiff
served a deposition subpoena for production of business records on non-party
T-Mobile U.S. Inc. on October 17, 2022. (Declaration of Robert Ware ISO Mot. ¶
4.) Plaintiff is seeking production of his own phone records. (Id. ¶ 3.)
Plaintiff seeks these records to rebut contentions by Defendant’s witnesses
that he made non-work-related telephone calls on a certain date during work hours.
(See Id. ¶¶ 2-3.) T-Mobile US objected to the deposition subpoena,
stating that production of these records requires a court order. (Id. ¶
5, Exh. 2.) No opposition to this motion has been filed. The Court therefore
finds that an order directing compliance with the subpoena is warranted.
Plaintiff
also seeks an award of reasonable expenses against Defendant for having to bring
this motion, pursuant to Code of Civil Procedure section 1987.2. This request
is not well-taken. This dispute rests entirely between Plaintiff and the respondent.
Defendant has no interest in this matter and is under no obligation to
stipulate to anything concerning Plaintiff’s efforts to obtain evidence from
third parties.
Accordingly, Plaintiff’s Motion to
Compel Compliance is GRANTED. T-Mobile US, Inc. is directed to provide
responsive documents to Plaintiff within 30 days of this order.
Plaintiff’s request for sanctions
is DENIED.
Moving party to give notice.
IT IS SO ORDERED.
Dated: February 23,
2023 ___________________________________
Theresa
M. Traber
Judge
of the Superior Court
Any party may submit on the
tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later
than 4:00 p.m. the day before the hearing. All interested parties
must be copied on the email. It should be noted that if you submit
on a tentative ruling the court will still conduct a hearing if any party appears.
By submitting on the tentative you have, in essence, waived your right to be
present at the hearing, and you should be aware that the court may not adopt
the tentative, and may issue an order which modifies the tentative ruling in
whole or in part.