2012-00118919-CU-NP

Supervalu Inc vs. Construction Services Inc

Nature of Proceeding: Motion for Contempt Sanction

Filed By: Green, Rebecca T.

Plaintiff’s motion for contempt sanction against non-party deponent Robert Ross for his
failures to comply with the Court’s previous orders compelling production of documents
in response to plaintiff’s deposition subpoena is deemed a motion for issuance of an
Order to Show Cause (“OSC”) re: contempt and is GRANTED, as follows.

According to the moving papers, this Court has issued two rulings which directed non-
party deponent Mr. Ross to produce documents requested in plaintiff’s deposition
subpoena but Mr. Ross has to date failed to comply and Mr. Ross has explicitly
advised plaintiff’s counsel that he did not intend to comply with the Court’s rulings.
Plaintiff therefore now seeks a contempt sanction against Mr. Ross.

In response to the present motion, Mr. Ross has submitted a “sworn statement” which
asserts that he has given plaintiff’s all documents he has regarding this case and that if
he had the documents sought, he would gladly turn them over.

At the outset, the Court notes that the “sworn statement” by Mr. Ross fails to comply
with the requirements of Code of Civil Procedure §2015.5 inasmuch as it is unclear
whether the “sworn statement” was executed in the State of California.

Regardless, the Court finds that plaintiff has established good cause for issuance of
the requested OSC re: contempt based on non-party deponent Mr. Ross’ apparent
failure to comply with the earlier rulings order directing him to produce documents
sought by plaintiff’s deposition subpoena.

Pursuant to CRC Rule 3.1312, moving counsel is directed to prepare an order to show
cause re: contempt. If acceptable to the Court, the OSC will order defendant and RAH
to appear in Department 54 on a date certain to be arraigned on the charges asserted
and the matter will thereafter be referred to Department 47 for assignment of a date for
a short cause trial.

The proposed OSC re: contempt shall advise that (1) Mr. Ross may submit a written
response to the OSC at least seven (7) calendar days prior to hearing date (which will
be set by the Court); (2) the Court will on the court day prior to the hearing date issue
on its website a tentative ruling on the OSC; and (3) unless the Court discharges the
OSC or otherwise continues the hearing date, Mr. Ross will likely be required to
personally appear in order to be arraigned on the contempt charge and this matter will
thereafter be referred to Department 47 for assignment of a date for a short cause trial
on the contempt charge.

Moving party to provide notice of this ruling and file proof of service of same no
later than 11/12/2013.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)