Judge: William A. Crowfoot, Case: 21STCV26488, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV26488    Hearing Date: September 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIO ALBERTO ORTEGA,

                   Plaintiff(s),

          vs.

 

PEACH, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV26488

 

[TENTATIVE] ORDER RE: DEFENDANT PEACH, INC. dba ACTION MESSENGER SERVICES AND VICTOR ANTHONY NAMUAG III CAMACHO’S MOTION TO ENFORCE DEPOSITION SUBPOENA AND COMPEL COMPLIANCE OF PAMEL SANDALL DESIGN, LLC

 

Dept. 27

1:30 p.m.

September 22, 2022

 

On July 19, 2021, plaintiff Mario Alberto Ortega (“Plaintiff”) filed this action against defendants Peach, Inc. dba Action Messenger Services (“Peach”), EAN Holdings, LLC (“EAN”), and Victor Anthony Namuag III Camacho (“Camacho”) arising from an August 1, 2019, motor vehicle collision. 

On June 30, 2022, Peach and Camacho (collectively, “Defendants”) filed this motion to enforce a deposition subpoena and compel Pamela Sandall Design, LLC (“PSD”) to produce business records relating to Plaintiff.  PSD was identified by Plaintiff as a former employer.  (Motion, Ex. 5, Response to FROG No. 2.6.) 

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).) 

It is undisputed that PSD was personally served with the subpoena and this motion.  It is further undisputed that no objections to the subpoena were served, no documents were produced, and no opposition was filed in response to this motion.  Accordingly, Defendants’ motion is GRANTED.  PSD is ordered to produce documents in response to Defendant’s subpoena within 20 days of the date of this Order. 

 

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.