Judge: Theresa M. Traber, Case: 22STCV06066, Date: 2024-12-03 Tentative Ruling

Case Number: 22STCV06066    Hearing Date: December 3, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 3, 2024                  TRIAL DATE: February 4, 2025

CASE:                         Scott Norlund, et al. v. Ken Sampson, et al.

CASE NO.:                 22STCV06066           

MOTION TO QUASH THIRD-PARTY SUBPOENA

MOVING PARTY:               Defendants/Cross Complainants Ken Sampson; Dey Sampson, and The Boardroom MDR, LLC.

RESPONDING PARTY(S): Plaintiffs/Cross-Defendants Scott Norlund and Kathryn Kavanagh.

CASE HISTORY:

·         02/17/22: Complaint filed.

·         08/15/23: Cross-Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for fraud, breach of fiduciary duty, and conversion. Plaintiffs allege that Defendants misappropriated funds intended for the purchase of a 2008 Sea Ray 44 Sundancer boat.

Defendants and Cross-Complainants move to quash a third-party subpoena for records propounded to the California Department of Tax and Fee Administration.

TENTATIVE RULING:

Defendants and Cross-Complainants move to quash a third-party subpoena for records propounded by Plaintiffs/Cross-Defendants to the California Department of Tax and Fee Administration. Code of Civil Procedure section 1985.3, under which this motion is brought, expressly requires that the witness from whom the records are sought be served with notice of the motion. (Code Civ. Proc. § 1985.3(g).) Here, Defendants’ proof of service states only that notice of this motion was given to Plaintiffs through their counsel of record. The Court cannot issue an order regarding the production of subpoenaed records without the entity in control of those records having notice that the issue is before the Court.

Accordingly, Defendants’ Motion to Quash Subpoena is CONTINUED to January 2, 2025, at 9:00 AM. Defendants are ordered to give notice to all interested parties, including the entity in possession of the records sought, and to file proof of service with the Court showing that service was made on those entities in compliance with Code of Civil Procedure section 1005(b).

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated: December 3, 2024                               ___________________________________

                                                                                    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.