Case Number: BC591863??? Hearing Date: February 09, 2017??? Dept: 98
ALFRED RODRIGUEZ,
Plaintiff,
vs.
RALPH MEDINA, et al.,
Defendants.
CASE NO: BC591863
[TENTATIVE] ORDER RE: DEFENDANT?S MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENADept. 98
1:30 p.m.
February 9, 2017
On August 19, 2015, Plaintiff Alfred Rodriguez (?Plaintiff?) filed this action against Defendant Ralph Medina (?Defendant?) for alleged damages arising out of an August 27, 2013 vehicle vs. bicycle collision. At the time of the incident, Plaintiff was employed by American International Industries (?AII?) and testified that the incident caused him to go on disability. Plaintiff further testified that he was ultimately terminated from his job after being on disability for five months. On August 11, 2016, Defendant issued a deposition subpoena to AII requesting that AII make available for inspection any and all employment and personnel records pertaining to Plaintiff for all dates. AII failed to produce the requested records on the specified production date. Plaintiff never served any objection to the subpoena. Defendant now moves to compel AII?s compliance with this subpoena.
If a subpoena requires the production of documents at the taking of a deposition, the court, upon motion reasonably made by a party, may make an order directing compliance with the subpoena upon those terms or conditions as the court shall declare. Cal. Code of Civ. Proc. ? 1987.1(a).
Defendant contends that the requested records are necessary to allow for a full evaluation and defense against Plaintiff?s claims. Defendant points out that Plaintiff never brought a motion to quash or modify the subpoena under Code of Civil Procedure section 1987.1. Plaintiff has not opposed this Motion.
The Court finds the records requested by Defendant to be relevant to Plaintiff?s claims of wage loss and loss of earning capacity. However, the Court also finds that the records should be limited to the five (5) years preceding the incident.
In light of the foregoing, Defendant?s Motion to Compel AII?s compliance with the subject subpoena is GRANTED, on the condition that the records produced be limited to the five (5) years preceding August 27, 2013. AII is ordered to make the requested records available for inspection and copying at 875 Patriot Drive, Suite D, Moorpark, California 93201 within ten (10) calendar days of the date of this Order.
In making an order pursuant to a motion made under Section 1987.1, the court may in its discretion award the amount of reasonable expenses incurred in making or opposing the motion, including reasonable attorney?s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification. Cal. Code of Civ. Proc. ? 1987.2(a). Defendant seeks monetary sanctions in the amount of $670.00, contending that two hours were spent preparing this Motion and two hours will be spent appearing at the hearing, at a rate of $150.00 per hour. Defendant also incurred a $60.00 filing fee and requests $10.00 in parking and travel expenses.
The Court finds one hour to prepare this unopposed Motion and one hour to appear at the hearing, along with the filing fee, to be sufficient to compensate Defendant. The Court therefore awards Defendant a total of $360.00 in monetary sanctions against AII, to be paid within twenty (20) days of the date of this Order.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 9th day of February, 2017
Hon. Holly J. Fujie
Judge of the Superior Court