EC060780

MOTION TO COMPEL COMPLIANCE
WITH SUBPOENA

Calendar: 6
Case No: EC060780
Date: 4/4/14

MP: Plaintiff, Show Solutions, Inc.
RP: Third Party, BHPS Corp.

RELIEF REQUESTED:
1. Order compelling third party, BHPS Corp., to comply with a subpoena for records
2. Order imposing monetary sanctions of $1,355 on third party, BHPS Corp.

CHRONOLOGY:
Subpoena for documents served: February 4, 2014
Date for production of documents: February 24, 2014 (none produced)

DISCUSSION:
This case arises from the Plaintiff’s claim that it was not paid for custom staging systems that it provided to the Defendants. Trial is set for May 27, 2014.

This hearing concerns the Plaintiff’s motion for an order directing a third party, BHPS Corp., to comply with a subpoena for documents regarding the Defendant and the Levi Strauss tour for which the Plaintiff provided the custom staging systems. BHPS Corp. provided labor to the Defendant on the custom staging project.
The Plaintiff served a deposition subpoena for the records on February 4, 2014 (untabbed exhibit A). BHPS Corp. did not produce the requested records.

The Plaintiff seeks relief under CCP section 2025.480, which authorizes the Court to order a party to produce records sought under a deposition subpoena. Here, the Plaintiff served a subpoena for records on BHPS Corp. The Plaintiff’s attorney, Charles Wu, provides facts in his declaration to demonstrate that the Plaintiff attempted to meet and confer on this discovery dispute by sending an email and a notice of non-compliance to BHPS Corp. Mr. Wu states that BHPS Corp. did not respond to the Plaintiff’s efforts to meet and confer. Since BHPS Corp. did not comply with the subpoena, the Court willorder BHPS Corp. to comply with the subpoena.

Finally, the Plaintiff also requests monetary sanctions. CCP section 2025.480 authorizes the Court to impose monetary sanctions on the third party for its failure to comply with the subpoena. The Plaintiff’s attorney, Charles Wu, states in his declaration that he expects to spend 3.5 hours at $370 per hour on the motion and that the filing fee is $60. The Court will adjust the hourly rate down to $250 per hour because this is a reasonable amount to bill for a standard discovery motion.
Accordingly, the amount of monetary sanctions is $935 (3.5 hours at $250 per hour + $60).

RULING:
1. Order third party, BHPS Corp., to comply with a subpoena for records
2. Impose monetary sanctions on BHPS Corp. in the sum of $935.00 to be paid within thirty days.