Judge: Thomas D. Long, Case: 23STCP03883, Date: 2023-11-16 Tentative Ruling

Case Number: 23STCP03883    Hearing Date: November 16, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH,

                        Petitioner,

            vs.

 

UBER TECHNOLOGIES, INC.,

 

                        Respondent.

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      CASE NO.: 23STCP03883

 

[TENTATIVE] ORDER SETTING OSC RE: PETITION

 

Dept. 48

8:30 a.m.

November 16, 2023

 

On October 20, 2023, Petitioner California Department of Industrial Relations, Division of Occupational Safety and Health filed a petition to compel compliance with administrative subpoena.  Summons issued the same day.  No proof of service has been filed.

“In the investigation of the policies and practices of an employer or a related employer entity, the division may issue a subpoena if the employer or the related employer entity fails to promptly provide the requested information, and may enforce the subpoena if the employer or the related employer entity fails to provide the requested information within a reasonable period of time.”  (Lab. Code, § 6317.9.)  If a witness fails to produce documents required by the subpoena, the head of the department may petition the court  for an order compelling the person to respond.  (Gov. Code, § 11187, subd. (a).)

“Upon the filing of the petition the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, testified, answered interrogatories, or produced or permitted the inspection or copying of the papers . . . as required.  A copy of the order shall be served upon him or her in the manner provided for the service of a summons.”  (Gov. Code, § 11188.)

Accordingly, the Court sets an Order to Show Cause Re: Respondent’s Failure to Comply With Administrative Subpoena on January 4, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

No later than December 21, 2023, Petitioner is ordered to file a proof of service of the petition, summons, and this order on Respondent.

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 16th day of November 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court