Judge: William A. Crowfoot, Case: 20STCV04515, Date: 2022-08-12 Tentative Ruling
Case Number: 20STCV04515 Hearing Date: August 12, 2022 Dept: 27
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
Plaintiff(s), vs. JAGUAR
LAND ROVER NORTH AMERICA, LLC, et al., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
[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
12, 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. On August 5, 2022, Plaintiff
filed a supplemental declaration in support of her motions. The motions are unopposed.
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.)
These motions are unopposed and it is
undisputed that neither Yoshi’s nor Chatsworth Tires responded to Plaintiff’s
deposition subpoenas, appeared at their noticed depositions, or served any
objections. Accordingly, the Court
GRANTS Plaintiff’s motions. The Court
orders Chatsworth Tires to produce a deponent to testify on the topic
identified in Plaintiff’s subpoena and to produce the businesses records responsive
to Plaintiff’s subpoena on August 25, 2022, at 10:00 a.m. The Court also orders Yoshi’s to produce a
deponent to testify on the topic identified in Plaintiff’s subpoena and produce
the business records responsive to Plaintiff’s subpoena on August 26, 2022, at
10:00 a.m.
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.