Judge: Theresa M. Traber, Case: 23STCV19904, Date: 2024-10-24 Tentative Ruling

Case Number: 23STCV19904    Hearing Date: October 24, 2024    Dept: 47

23Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 24, 2024                   TRIAL DATE: April 8, 2025

CASE:                         Melanie Lewis v. Swift Transportation Co. of Arizona, LLC, et al.

CASE NO.:                 23STCV19904           

MOTION TO QUASH THIRD PARTY SUBPOENA FOR RECORDS

MOVING PARTY:               Plaintiff Melanie Lewis

RESPONDING PARTY(S): No response on eCourt as of 10/21/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an employment discrimination action that was filed on August 18, 2023. Plaintiff was employed by Defendants as a long-haul truck driver. Plaintiff alleges that she was systematically discriminated against and ultimately terminated on the basis of her gender and an injury sustained in a vehicle accident on the job.

Plaintiff moves to quash a third-party deposition subpoena for records propounded to Opus Virtual Offices, LLC.

TENTATIVE RULING:

Plaintiff moves to quash a third-party deposition subpoena for records propounded to Opus Virtual Offices, LLC.  However, Plaintiff’s moving papers consist in their entirety of four pages of argument without a shred of evidence. Mere argument is not sufficient to demonstrate good cause to quash a deposition subpoena. (See Code Civ. Proc. § 1987.1.)

Accordingly, Plaintiff’s Motion to Quash Third-Party Subpoena is DENIED. This ruling is without prejudice to a procedurally proper motion which is supported by admissible evidence.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  October 24, 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.