Judge: William A. Crowfoot, Case: 20STCV42783, Date: 2022-09-26 Tentative Ruling

Case Number: 20STCV42783    Hearing Date: September 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

TANISHA NOLEN, et al.,

                   Plaintiff(s),

          vs.

 

BEST WESTERN INTERNATIONAL, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV42783

 

[TENTATIVE] ORDER RE: HOLLYWOOD FRANKLIN HOTEL AND RESTAURANT ASSOCIATES, LLC’S MOTION TO COMPEL DEPOSITION OF DERRICK ESTER, REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

September 26, 2022

 

On November 9, 2020, plaintiff Tanisha Nolen (“Plaintiff”), individually and as the successor-in- interest of decedent Daniel Odoemelam (“Decedent”), filed this action against defendants Best Western International, Inc. (“Best Western”) and Brian Doe. The action arises from the death of Decedent at the swimming pool located at 6141 Franklin Avenue in Hollywood, California (the “Property”). On January 15, 2021, Plaintiff filed the First Amended Complaint (“FAC”). On January 19, 2021, Plaintiff amended the FAC to add Hollywood Franklin Hotel and Restaurant Associations, LLC (“Defendant”) as a Doe defendant.

On August 26, 2022, Defendant filed this motion for an order compelling the deposition of Derrick Ester (“Ester”), a nonparty.  Defendant also seeks an order finding Ester in contempt. 

Defendant’s motion attaches a copy of the proof of service for the deposition subpoena without attaching a copy of the actual subpoena that was served on Ester.  The motion was also not personally served on Ester.  (Cal. Rules of Court, Rule 3.1346.)  Accordingly, the Court CONTINUES the hearing on Defendant’s motion to November 4, 2022 at 1:30 p.m. so that Defendant personally serve Ester with the motion and file proof of service as well as a copy of the actual subpoena.  Proof of personal service and the subpoena should be filed no later than October 31, 2022.

 

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.