2017-00220942-CU-PT

Charmayn Fale vs. Nubia Ramirez Gonzalez

Nature of Proceeding: Motion for Order to Compel Defendant to Comply with Subpoena to

Filed By: Fale, Charmayn

The Court finds no proof of service of the moving papers on the witness whose compliance with the subpoena is being sought, Nubia Ramirez Gonzalez. Unless proof of timely, valid service of the moving papers on this deponent is filed at or before the hearing, this matter will be DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)

Provided that proof of timely, valid service of the moving papers on the deponent is filed at or before the hearing, the following will become the tentative ruling on this matter.

Plaintiff’s motion to compel defendant Nubia Ramirez Gonzalez’s compliance with plaintiff’s subpoena for appearance and testimony before the Labor Commissioner is UNOPPOSED and is GRANTED for the reasons stated in the moving papers, as follows.

The Court finds that defendant Nubia Ramirez Gonzalez (timely) filed no opposition, which is construed as a concession on the merits of this motion. Accordingly, it is granted for the reasons stated in the moving papers.

Defendant Nubia Ramirez Gonzalez’s shall comply with plaintiff’s subpoena for appearance and testimony before the Labor Commissioner.

Moving party to provide notice of this ruling and of the date and time when the hearing before the Labor Commissioner will occur, filing proof of service of same no later than 1/31/2018.