2016-00189518-CU-OE

Krystle Tash vs. Kaiser Foundation Health Plan, Inc.

Nature of Proceeding: Motion to Compel Testimony at Deposition and Production of

Filed By: Mace, Antwane

Plaintiff’s motion to compel non-party Michael Amy Allen (“Allen”) to answer further deposition questions and production of documents is DROPPED for defective service.

This is an employment sex discrimination, wrongful discharge, and retaliation action. Plaintiff alleges that her supervisor Sue Matchell (“Matchell”) harassed and discriminated against her based on her need to pump breast milk.

Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. and Matchell are the named defendants.

Allen is an employee of The Permanente Medical Group, Inc. Allen is not a named defendant in this action.

CRC Rule 3.1346 requires that “written notice and all moving papers supporting a motion to compel an answer to a deposition question . . . 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.”

Here, Plaintiff did not serve Allen at all. Plaintiff only served the The Permanente Medical Group, Inc. and Matchell’s counsel, Jackson Lewis P.C. (“Jackson Lewis”) via mail. There is no indication whether Jackson Lewis also represents Allen and whether Allen agreed that Jackson Lewis may accept service on her behalf by mail.

Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)