2016-00191713-CU-BC

Hadeel Tayeb vs. Geico General Insurance Company

Nature of Proceeding: Motion to Compel Production of Business Records

Filed By: Kenna, Glenn M.

Plaintiff’s Motion to Compel Third-Party Custodian of Records of Central Auto, Inc. to Comply with a Subpoena for Production of Documents is unopposed, but is DROPPED from calendar, for failure to provide notice to the third party. Code Civil Procedure sections 2020.010, 2020.410(d), CCP secs.1005, 12c. Plaintiff has failed to file proof of service of the moving papers on the third party against whom the order is to be enforced.

The moving party has filed copies of the Subpoena (“SDT”) served on 10/11/17 on John Doe at Central Auto Inc. located at 3181 Fulton Avenue, Sacramento 95812 and on the Agent for Service of Process Ronnie O Jordan on 11/12/17 by a registered process server.

However, this Motion to Compel compliance with the SDT only reflects late service of the moving papers on the plaintiff’s counsel. No notice is provided of this motion to Central Auto, Inc. In the absence of notice and an opportunity to be heard, this Court will not order the third party Custodian of Records to comply with the subpoena.