Case Number: SC126300 Hearing Date: January 12, 2018 Dept: O

SC126300

THORNBERG v. NASRI ET AL.

Defendants/X-Complainants Nasri and Parvinjah’s Motion to Compel Compliance with Third-Party Business Subpoena is GRANTED.

ANALYSIS: Defendants served third-party Premier Builders with a deposition subpoena on 7/7/17 by personal service. The deposition subpoena seeks all documents concerning work performed on Plaintiff’s property and Defendant’s property within the past 10 years, as well as any communications regarding those properties. The documents requested are relevant to Plaintiff’s claims that they have a prescriptive easement over the Defendant’s property based on the construction work performed by Premier Builders on both parties’ properties.

The subpoena was properly personally served on an officer and the registered agent of Premier Builders on 7/7/17. See Decl. of S. Weaver, ¶3. While Premier Builder’s counsel indicated no records existed, no affidavit to this effect has been produced, despite promises that such an affidavit would be served. No responses have been received to the subpoena.

In light of these facts the motion to compel compliance with depo subpoena is GRANTED per CCP §1987.1. Premier Builders is ordered to serve responses to the depo subpoena within 10 days.

“Except as specified in subdivision (b), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.” CCP §1987.2. No sanctions are appropriate under these circumstances. No opposition was filed. Defendants request for sanctions in the amount of $1860 (4.5 hours @ $400/hr plus $60 in filing fees) is denied.