Judge: Thomas D. Long, Case: 22STCV36081, Date: 2023-08-31 Tentative Ruling

Case Number: 22STCV36081    Hearing Date: August 31, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AMIR NASSER KHATAMI, et al.,

                        Petitioners,

            vs.

 

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,

 

                        Respondent.

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      CASE NO.: 22STCV36081

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO COMPEL DEPOSITION

 

Dept. 48

8:30 a.m.

August 31, 2023

 

On November 15, 2022, Petitioners Amir Nasser Khatami and Kasra Jahani filed a petition for the purpose of establishing jurisdiction over an underinsured motorist arbitration matter.

On December 9, 2022, Respondent State Farm Automobile Insurance Company personally served a deposition subpoena on witness Tracy Mendoza.  (Reader Decl. ¶ 6 & Ex. A.)  She did not serve any objection, seek an alternate date or time, or appear for her deposition.  (Motion at pp. 6-7; Reader Decl. ¶ 8.)

On April 28, 2023, Respondent filed a motion to compel Tracy Mendoza’s deposition.

If a subpoena requires the attendance of a witness or the production of things at a deposition, a party may make an order directing compliance with the subpoena.  (Code Civ. Proc., § 1987.1, subd. (a).)

Respondent’s counsel declares that he “was unable to contact the witness regarding the non-appearance due to a lack of an available telephone number or e-mail address,” and the process servicer advised him that upon service of the subpoena, “the witness said she had no obligation to appear and would not do so.”  (Reader Decl. ¶ 9.)  Respondent does not describe any attempts to obtain the witness’s telephone number or email address, or any efforts at all to contact the witness about her non-appearance.  (Cf. Code Civ. Proc., § 2025.450, subd. (b)(2).)

Additionally, the proof of service for the motion reflects service on only Petitioners/Claimants, not on Tracy Mendoza.  Respondent should have served this motion on the witness whose appearance it is attempting to compel.

The motion to compel Tracy Mendoza’s deposition is DENIED WITHOUT PREJUDICE.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 31st day of August 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court