Motion to Compel Deposition (Oral or Written) - DENIED
Defendant The First Christian Church of Mission Viejo (“the Church”) seeks an order compelling third party UCI Medical Center to comply with Church’s deposition subpoena for production of business records issued and served on 9/23/2019.
“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 must 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 Ct., Rule 3.1346.
The Church served this motion by overnight delivery. ROA No. 294. There is no proof of service showing the notice and moving papers were personally served. The Church also did not show UCI Medical Center agreed to accept service by mail.
In any event, even if the notice and