Judge: William A. Crowfoot, Case: 21STCV26806, Date: 2022-12-29 Tentative Ruling

Case Number: 21STCV26806    Hearing Date: December 29, 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 30, 2022

 

This personal injury matter was filed on July 21, 2021, and arises out of a motor vehicle accident between two tractor-trailers in a Los Angeles Railway Yard, on January 31, 2020.  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.  Plaintiff Nelson Erazo (“Plaintiff”) previously identified Esther Transportation as his current employer and his employer at the time of the incident.  The motion is unopposed.

A nonparty deponent may be commanded to attend and testify and to produce described business records, documents, electronically-stored information, or tangible things at a deposition.  (Code Civ. Proc., § 2020.510, subd. (a).)  Personal service of a deposition subpoena is effective to require a deponent’s personal attendance and production of documents specified in the subpoena.  (Code Civ. Proc. § 2020.220.)  A deponent who disobeys a subpoena may be subject to a motion for an order compelling compliance therewith, and may be punished for contempt. Code Civ. Proc. §§ 1987.1, 2020.240, and 2025.480. 

          Defendant served Esther Transportation with the subpoena and related papers on July 5, 2022.  Esther Transportation failed to produce a deponent or any documents on August 10, 2022 as demanded.  Defendant timely filed this motion on August 25, 2022. 

          Accordingly, Defendant’s unopposed motion is GRANTED.  Esther Transportation is ordered to produce its person most qualified (“PMQ”) and documents as stated in Defendant’s subpoena within 20 days of the date of this order.  Defendant’s request for sanctions is GRANTED and imposed against Esther Transportation in the reduced amount of $550, consisting of 2 hours at defense counsel’s hourly rate of $225.  The Court adds that Code of Civil Procedure section 2020.240 does not provide for $500 in sanctions, but permits a subpoenaing party to file a civil action against the witness.  Sanctions are to be paid 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.