Plaintiff’s motion to compel deposition of third party witness, Rodriguez, or to set an OSC re contempt for failure to appear at deposition. Motion denied, without prejudice.
On 7/16/21, the court continued this matter and ordered plaintiff to personally serve all moving papers and notice of the continued hearing date on the nonparty deponent, Nora Rodriguez, within five days of the date of that order. (ROA No. 85.)
No proof of such service has been filed. While plaintiff appears to have filed a proof of personal service on 7/15/21 (ROA No. 82 [proof of service, with a service date of 5/4/21]), this proof of service does not attest to the service of any documents, much less the moving papers to this motion or any notice of the continued hearing date of 9/3/21.
Personal service of all moving papers is required on a motion to compel the deposition of a nonparty (Cal. Rules of Court, rule 3.1346), and necessary to the court’s jurisdiction for an OSC re: contempt (see Cedars-Sinai Imaging
Hearing Date
September 03, 2021
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Plaintiff’s motion to compel deposition of third party witness, Rodriguez, or to set an OSC re contempt for failure to appear at deposition. Motion denied, without prejudice.
On 7/16/21, the court continued this matter and ordered plaintiff to personally serve all moving papers and notice of the continued hearing date on the nonparty deponent, Nora Rodriguez, within five days of the date of that order. (ROA No. 85.)
No proof of such service has been filed. While plaintiff appears to have filed a proof of personal service on 7/15/21 (ROA No. 82 [proof of service, with a service date of 5/4/21]), this proof of service does not attest to the service of any documents, much less the moving papers to this motion or any notice of the continued hearing date of 9/3/21.
Personal service of all moving papers is required on a motion to compel the deposition of a nonparty (Cal. Rules of Court, rule 3.1346), and necessary to the court’s jurisdiction for an OSC re: contempt (see Cedars-Sinai Imaging