Case Number: EC059919    Hearing Date: September 09, 2014    Dept: 93

Superior Court of California
County of Los Angeles
Department 93

YOLANDA CASANOVA,

Plaintiff(s),
v.

ARTURO ORTIZ, et al.,

Defendant(s). Case No.: EC059919

Hearing Date: September 9, 2014

[TENTATIVE] ORDER RE:
DEFENDANTS ARTURO CORREA AND ARTURO ORTIZ’S MOTION TO ENFORCE DEPOSITION SUBPOENA TO THE CUSTODIAN OF RECORDS FOR ACUMEDIX AND REQUEST FOR SANCTIONS

Defendants Arturo Correa and Arturo Ortiz’s Motion to Enforce Deposition Subpoena to the Custodian of Records for AcuMedix and Request for Sanctions is GRANTED. The Custodian of Records for AcuMedix is ordered to comply with the subpoena within 15 days of this order and to pay sanctions of $953.51 to Defendants, also within 15 days of this order.

Discussion

CCP Section 2020.220(c) that “Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident of California at the time of service: (1) Personal attendance and testimony, if the subpoena so specifies; (2) Any specified production, inspection, testing, and sampling.” Defendants served a deposition subpoena on AcuMedix demanding a personal appearance by its custodian of records and production of documents on June 6, 2014. (Motion, Heaton Decl. (“Heaton Decl.”), Exh. A.”) The custodian of records was to personally appear and produce the requested records on July 2, 2014. (Heaton Decl., Exh. A.) The custodian of records failed to appear on July 2, 2014. (Heaton Decl., Exh. B.) The records sought in the deposition subpoena pertain to Plaintiff’s treatment at Acumedix following the subject motor vehicle accident, and therefore, are relevant to Defendant’s defense of this action. (Heaton Decl. ¶¶2-3.)

Pursuant to CCP Section 2020.220, AcuMedix was required to comply with the deposition subpoena. Therefore, Defendants are entitled to an order compelling AcuMedix and its custodian of records to comply with the deposition subpoena. Defendants are also entitled to an award of monetary sanctions, pursuant to CCP Sections 2023.010(d), (h), in the amount of $688.01 ($275.51 in costs, .5 hours for appearance at deposition and 2 hours to prepare unopposed motion, at $165/hour). (Heaton Decl. ¶6.)
Defendants are ordered to give notice.

DATED: September 9, 2014
_________________________
Hon. Gail Ruderman Feuer
Los Angeles Superior Court