Lawzilla Additional Information: Pabst is represented by attorney Katharine Spaniac

Case Number: BC708171 Hearing Date: August 22, 2019 Dept: 2

Plaintiff’s Motion to Enforce Compliance With Deposition Subpoena for Business Records from Pabst Kinney & Associates, Inc.; Request for Sanctions, filed on 7/22/19, is GRANTED.

Cal. Code Civ. Proc. § 1987.1

The record reflects that the parties have narrowed the scope of production in compliance with the subpoena issued by Plaintiff:

Pabst, Kinney & Associates, Inc. (“Pabst”) agreed to produce a Declaration from the Custodian of Records confirming that the records previously produced by its employee, Sandra Corella, constituted all records related to the inspections, maintenance, and repairs to the premises at issue.

Pabst agreed to submit any and all policy manuals, employee manuals, management package, training courses to the extent they memorialize Pabst’s policies and procedures related to the inspections, maintenance and repairs of the properties under their management. Plaintiff’s Ex. N and Ex. T.

Plaintiff demanded production by 7/12/19. Plaintiff’s Ex. T.

The record reflects that Pabst complied with part of the request by emailing the policy and procedure manual on 7/12/19 at 9:53 a.m. Spaniac Declaration, Ex. C. For reasons having nothing to do with Pabst, the email with documents was rejected by the Plaintiff’s email server due to the size of the attachment. Spaniac Declaration, Ex. C.

Pabst immediately sent the docs by U.S. Mail on 8/7/19 and by fax. Id. Ex. F.

The parties’ email does not reflect that Pabst produced item 1 of the parties’ agreement, namely a declaration from the Custodian of Records confirming that the records previously produced by its employee, Sandra Corella, constituted all records related to the inspections, maintenance and repairs to the premises at issue. Plaintiff’s Ex. N.

Pabst apparently changed its mind and concluded that Plaintiff does not need it, despite her agreement to produce it. Reply, Ex. 10.

Accordingly, Pabst is ordered to comply with the subpoena for the production of that declaration, consistent with the parties’ agreement.

The court imposes reasonable expenses of $1,561.65 against Pabst Kinney & Associates and counsel of record, Clouse Spaniac Attorneys. Cal Code Civ. Proc § 1987.2. Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.