Judge: William A. Crowfoot, Case: 20STCV04515, Date: 2022-08-05 Tentative Ruling

Case Number: 20STCV04515    Hearing Date: August 5, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RITA MARIE LETIZIA SCHNEIDER,

                   Plaintiff(s),

          vs.

 

JAGUAR LAND ROVER NORTH AMERICA, LLC, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 20STCV04515

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO COMPEL NONPARTIES YOSHI’S AUTO BODY REPAIRS AND CHATSWORTH TIRE & SERVICE’S COMPLIANCE WITH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS

 

Dept. 27

1:30 p.m.

August 5, 2022

 

On February 4, 2020, plaintiff Rita Marie Letizia Schneider (“Plaintiff”), individually and as the successor-in-interest and personal representative of the estate of Lawrence William Schneider filed this action against defendants Jaguar Land Rover North America, LLC and Galpin Jaguar Lincoln-Mercury, Inc.  On May 27, 2022, Plaintiff filed these two motions to compel nonparties Yoshi’s Auto Body Repairs (“Yoshi’s”) and Chatsworth Tire & Service (“Chatsworth Tires”) (collectively, “Deponents”) to appear for a deposition and produce documents pursuant to deposition subpoenas. 

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.  (Code Civ. Proc., § 2020.010.)  A deposition subpoena may command: (1) only the attendance and testimony of the deponent, (2) only the production of business records for copying, or (3) the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things.  (Code Civ. Proc., § 2020.020.)

Personal service of any deposition subpoena is effective to require a deponent who is a resident of California to: personally appear and testify, if the subpoena so specifies; to produce any specified documents; and to appear at a court session if the subpoena so specifies.  (Code Civ. Proc., § 2020.220, subd. (c).)  The Court notes that the motion has been hand delivered to the Deponents but that the proofs of service attached to the subpoenas are blank.  Counsel declares he “caused” the deposition subpoenas to be served on January 25, 2022, but the copy of the subpoena and proof of service that he authenticates shows that the proof of service is blank.  (Simien Decl., ¶ 2.)  Absent a valid proof of service stating when and where the Deponents were personally served as required by the Code of Civil Procedure, Plaintiff’s Motions are DENIED. 

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.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.