Judge: William A. Crowfoot, Case: 21STCV26806, Date: 2022-12-21 Tentative Ruling

Case Number: 21STCV26806    Hearing Date: December 21, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

NELSON ERAZO,

                   Plaintiff(s),

          vs.

 

PARSEC, INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV26806

 

[TENTATIVE] ORDER RE: MOTION OF DEFENDANT PARSEC, INC. TO COMPEL NONPARTY WITNESS ESTHER TRANSPORTATION CORP. TO COMPLY WITH DEPOSITION SUBPOENA AND REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

December 21, 2022

 

On August 25, 2022, defendant Parsec, Inc. (“Defendant”) filed this motion for an order compelling nonparty witness Esther Transportation Corp. (“Esther Transportation”) to comply with a deposition subpoena for personal appearance and production of documents, and for monetary sanctions in the sum of $1,912.50, against Esther Transportation.

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.)

          The proof of service attached to the motion shows that the motion was only served on Plaintiff by electronic service.  There is no proof of service on record showing that Esther Transportation was personally served with the motion. 

          Accordingly, the 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.