Judge: William A. Crowfoot, Case: 21STCV06098, Date: 2022-08-15 Tentative Ruling

Case Number: 21STCV06098    Hearing Date: August 15, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JODI JILL,

                   Plaintiff(s),

          vs.

 

MELINDA MARIE MCLEOD,

 

                   Defendant(s).

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      CASE NO.: 21STCV06098

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL NON PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM

 

Dept. 27

1:30 p.m.

August 15, 2022

 

Defendant Melinda Marie McLeod seeks to compel nonparty Brittaney Belyeu, MD (“Dr. Belyeu”) to comply with a subpoena for the production of medical and billing records.  A “written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”  (Cal. Rules of Court, Rule 3.1346.)

No proof of service is on file showing that Dr. Belyeu was personally served with this motion, or even served at all.  The proof of service only shows that Plaintiff’s counsel was served by electronic transmission.  Accordingly, Defendant’s motion is DENIED without prejudice. 

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.