Alesio v. Estate of Ulrich F. Keppler, et al.

Keppler, et al. Defendant's Motion to Compel Compliance with Subpoena for Production of Personal Records from Peter J. Weingold, M.D. and Sanctions against Plaintiff DISCUSSION The motion is denied for failure to give proper notice to the third-party deponent. For a nonparty subpoena to be effective, a deposition subpoena must be personally served. (Code Civ. Proc., Sec. 2020.220(b).) Personal service is a condition both for enforcement of the subpoena and for attendance at any court session purporting to enforce the subpoena. (Id., subd. (c).)

The Rules of Court require that "[a] written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent ... be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record." (Cal. Rules of Court, rule 3.1346.) It is undisputed that the deponent is not a party to this action.

Defendant's exhibits do not establish the subpoena was personally served. (See Aldover Decl. Exh. A, p. 4 [blank proof of service].). The proof of service for Defendant's motion indicates the deponent was served by U.S. Mail. CONCLUSION The court denies Defendant's motion to compel and for sanctions. Defendant to give notice. | Home -->)" -->