WONG vs FAST WAY XPRESS INC., A CALIFORNIA CORPORATION, et al.

26CV168323: WONG vs FAST WAY XPRESS INC., A CALIFORNIA CORPORATION, et al. 07/16/2026 Hearing on Motion for Leave to Conduct Limited Discovery and Request Authorization to Issue Third-Party Subpoenas; filed by Cinderella Wong (Plaintiff) CRS# A-168323-001 in Department 517

Tentative Ruling - 07/10/2026 Keith Fong

The Motion for Leave to conduct Limited Expedited Discovery and request for autho. to issue third-party subpoenas filed by Cinderella Wong on 05/12/2026 is Denied.

Plaintiff Cinderella Wong’s Motion to Conduct Limited Discovery and Request Authorization to Issue Third Party Subpoenas is DENIED.

Plaintiff requests the Court to grant leave to conduct limited, expedited third-party discovery to authorize the issuance of subpoenas directed to third-party entities.

Plaintiff’s requested relief to issue third-party subpoenas does not appear to have any statutory or legal basis.

Code of Civil Procedure section 2025.210 permits plaintiffs to serve a deposition subpoena, including a subpoena to third parties for business records, 20 days after the service of summons on any defendant.

The proof of service on file pertains to another civil action, not involving any parties to this case. The proof of service attached as Exhibit A to the instant motion is defective because it identifies only the corporation itself as the party served and fails to name any officer, agent for service of process, or other individual through whom the corporation was served, as required to effect service under Code of Civil Procedure section 416.10(b).

Once Defendant is properly served, Plaintiff may proceed with service of the subpoenas without leave of court. (California Shellfish Inc. v. United Shellfish Co. (1997) 56 Cal.App.4th 16, 21-24 [20-day deposition hold applies to subpoenas seeking business records from a non-party, if at least one defendant has been served with the summons and complaint].)

Based upon the foregoing, the motion is DENIED.

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