2015-00188583-CU-PO

University Capital Management vs. Evergreen Management Co.

Nature of Proceeding: Motion to Modify Defendants’ Subpoena and Joinder filed by Richard

Filed By: Radcliffe, Scott E.

Plaintiff University Capital Management, Inc.’s (“Plaintiff”) motion to modify Defendants’ subpoenas to Christine Jensen, CPA (“Jensen”) and The Law Offices of Richard P. Bernstein (“Bernstein”) is DENIED for failure to file a separate statement as required by CRC Rule 3.1345.

CRC Rule 3.1345 requires a separate statement for “any motion involving the content of a discovery request.” Such motions include a motion to compel or quash the production of documents or tangible things at a deposition. A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. (CRC Rule 3.1345(c).)

Here, Plaintiff moves to modify two deposition subpoenas. At issue are 18 document requests to Bernstein and 38 document requests to Jensen. Plaintiff claims that some of the document requests are not reasonably particularized, while others are overbroad, call for communications protected by the attorney client and work product privileges, and/or are protected by financial privacy rights. By failing to file a separate statement, Plaintiff has not provided the text of the requests or the objections raised in its meet and confer letter to Defendants. Thus, requiring the Court to review the deposition subpoenas and meet and confer letters for the text of the requests and

responses. Given that there are 56 requests at issue, the Court declines to conduct such a review.

Bernstein’s joinder is DROPPED. Pursuant to Local Rule 2.09, a party desiring to join another party’s motion must comply with all procedural requirements for the filing of motions, including proper notice. Here, the joinder was served via mail on January 26, 2018. This provided only 16 court days’ and 4 calendar days’ notice prior to the hearing. February 19th and 12th were court holidays. Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)