Judge: William A. Crowfoot, Case: 22AHCV01323, Date: 2025-04-11 Tentative Ruling

Case Number: 22AHCV01323    Hearing Date: April 11, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MARIA DE LA LUZ SANTACRUZ,

                    Plaintiff(s),

          vs.

 

ALDI SUPERMARKET COMPANY,

                    Defendant(s).

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      CASE NO.: 22AHCV01323

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION OF JOSE HERRERA

 

Dept. 3

8:30 a.m.

April 11, 2025

 

On November 27, 2024, plaintiff Maria De La Luz Santacruz (“Plaintiff”) filed this motion for an order compelling nonparty Jose Herrera (“Herrera”) to appear for his deposition pursuant to a deposition subpoena. Plaintiff also requests sanctions against Herrera in the amount of $1,800.

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).) A motion lies to compel a non-party witness to obey a deposition subpoena, and contempt is available where the non-party consciously refused to attend the deposition, and had knowledge of the subpoena, and an ability to comply. (Code Civ. Proc., § 1987.1; Person v. Farmers Ins. Group of Cos. (1997) 52 Cal.App.4th 813, 818; Chapman v. Superior Court (1968) 261 Cal.App.2d 194, 200.) A written notice and all moving papers supporting a motion to compel a

It is undisputed that Plaintiff served Herrera with a deposition subpoena on August 27, 2024, and that Herrera failed to appear for his virtual deposition scheduled for October 9, 2024. Yet, the moving papers were served on Herrera by overnight delivery, not by personal service. (CRC 3.1346.) Accordingly, the hearing on this motion is CONTINUED to __________ at 8:30 a.m. so that Plaintiff may properly effectuate service of this motion on Herrera. A proof of service should be filed no later than 5 court days before the date of the hearing.

 

Moving party to give notice.

Dated this 10th day of April 2025

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.