Judge: William A. Crowfoot, Case: 18STCV05304, Date: 2022-12-27 Tentative Ruling


Case Number: 18STCV05304    Hearing Date: December 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

REBECCA MELCHIONE,

                   Plaintiff(s),

          vs.

 

BENJAMIN ROTMAN, ET AL.,

 

                   Defendant(s).

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     CASE NO.:  18STCV05304

 

[TENTATIVE] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL TRICARE WEST, HEALTH NET FEDERAL SERVICES TO COMPLY WITH DEPOSITION SUBPOENA  

 

[TENTATIVE] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL UNITED STATES NAVY RECRUTING DISTRICT NEW ENGLAND TO COMPLY WITH DEPOSITION SUBPOENA  

 

Dept. 27, Spring Street Courthouse

1:30 p.m.

December 27, 2022

 

          This action arises from a two-vehicle collision that occurred on November 25, 2016. Defendants file two motions to compel witnesses to comply with subpoenas for production of Plaintiff’s medical records from Tricare West Health Net Federal Services (“Tricare”) located in Camden, South Carolina, and for production of Plaintiff’s employment records from United States Navy Recruiting District New England (“USN”) located in Boston, Massachusetts.

          A deposition subpoena for the production of business records from another state requires the moving party to "use any process and procedures required and available under the laws of the state, territory, or insular possession where the deposition is to be taken to compel the deponent to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection, copying, testing, sampling, and any related activity Code Civ. Proc., § 2026.010 subd. (d). On request, the court shall issue a commission authorizing the deposition in another state. Code Civ. Proc., § 2026.010 subd. (f).

          Accordingly, Defendants’ Two Motions to Compel are DENIED. Defendants are ordered to comply with Civil Procedure section 2026.010 to obtain business records from a witness in another state.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.