17-CIV-02950 FRANCISCO CARRASCAL, ET AL. VS. AVI-BEN ABRAHAM, JR.

FRANCISCO CARRASCAL AVI-BEN ABRAHAM, JR.
JONATHAN MATTHEWS ANDREW F. PIERCE

MOTION TO COMPEL THE MOUNTAIN VIEW POLICE DEPARTMENT TO PRODUCE THE POLICE REPORTS/OR ANY RECORDS REGARDING DEFENDANT AVI-BEN ABRAHAM, JR. WITHIN 1O BUSINESS DAYS; ORDER GRANTING MOTION TO COMPEL TENTATIVE RULING:

Plaintiff Francisco Carrascal’s motion to compel compliance with subpoena is denied.

The Proof of Service accompanying the motion does not indicate what papers were served.

The motion does not include a copy of the subpoena Plaintiff is seeking to enforce.

The Court notes that a subpoena, executed September 7, 2018, was filed with the court on October 16, 2018. If this subpoena is the subject of the present motion, the motion would be denied because the Proof of Service shows that service was by mail, not by the required personal service. (Code of Civ. Proc. Sect. 2020.220 (b)-(c).) Further, there is no showing that Plaintiff complied with the requirement that a Notice of Subpoena must be served an all parties who have appeared. (Code of Civ. Proc. § 2025.240.) There is no showing that Plaintiff served the Notice on any party. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.