2016-00191713-CU-BC

Hadeel Tayeb vs. Geico General Insurance Company

Nature of Proceeding: Motion to Compel Compliance with Subpoena for Production of

Filed By: Kenna, Glenn M.

If oral argument is requested, it will be heard at 2:00 pm on Monday, April 2, 2018 in this department.

The Motion Compelling Third-Party Custodian of Records of Central Auto, Inc. to Comply with a Subpoena for Production of Documents is unopposed but is DROPPED from the Court’s calendar for failure to file proof of service of the moving papers no later than five court days before the time appointed for the hearing. California Rules of Court, Rule 3.1300.

The proof of service provided does not reflect service of the moving papers on the Third-Party Custodian of Records of Central Auto, Inc. Parenthetically, Cal Rules of Court, Rule 3.1346 provides: “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.” [emphasis added] No evidence is provided that Central Auto agreed to accept service by mail or electronic service.

On Jan. 19, 2018, this Court granted Defendant GEICO’s unopposed Motion to Compel Third-Party Custodian of Records of Central Auto, Inc. to Comply with a Subpoena for Production of Documents. The Court ordered that the Custodian of Records provide all documents responsive to the subpoena served on it on October 11, 2017 by a registered process server, which are in Central Auto Inc.’s possession, custody or control to Knox Photocopy Service 1155 N. First Street, Suite 100, San Jose, California 95112, not later than Monday, January 29, 2018.

Although the Court’s Jan. 19, 2018 Minute Order was served on both Ronnie O. Jordan the agent for service of process and Central Auto Inc. by overnight delivery on Jan. 26, 2018, no documents have been received by moving party GEICO, in compliance with the Court’s order.

However, in the absence of notice of this motion, the third party is deprived of due process and an opportunity to be heard, thus the motion must be dropped.