Plaintiff’s Motion to Quash Deposition Subpoena for Production of Documents from Plaintiff’s Insurance Carrier, filed on5/17/18, is GRANTED.
Plaintiff moves to strike Defendant’s untimely opposition. Any opposition was required to be filed nine court days before the hearing, in this case, by June 14, 2018. Cal Code Civil Procedure § 1005(b). The opposition was filed late on 6/20/18. However, the motion was continued from 6/27/18 to 7/18/18 to permit Plaintiff to file a Reply brief. None has been filed. Plaintiff does not cite any other prejudice.
The court has discretion to consider late papers in favor of the strong policy favoring disposition of the case on the merits. Kapitanski v. Von’s (1983) 146 Cal.App.3d 29, 32.
The court can quash the subpoena or issue a protective order to protect the parties from unreasonable or oppressive demands including unreasonable violations of the right of privacy. Cal Code Civ Procedure § 1987.1
The Insurance Information and Privacy Act establish
Hearing Date
July 18, 2018
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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Plaintiff’s Motion to Quash Deposition Subpoena for Production of Documents from Plaintiff’s Insurance Carrier, filed on5/17/18, is GRANTED.
Plaintiff moves to strike Defendant’s untimely opposition. Any opposition was required to be filed nine court days before the hearing, in this case, by June 14, 2018. Cal Code Civil Procedure § 1005(b). The opposition was filed late on 6/20/18. However, the motion was continued from 6/27/18 to 7/18/18 to permit Plaintiff to file a Reply brief. None has been filed. Plaintiff does not cite any other prejudice.
The court has discretion to consider late papers in favor of the strong policy favoring disposition of the case on the merits. Kapitanski v. Von’s (1983) 146 Cal.App.3d 29, 32.
The court can quash the subpoena or issue a protective order to protect the parties from unreasonable or oppressive demands including unreasonable violations of the right of privacy. Cal Code Civ Procedure § 1987.1
The Insurance Information and Privacy Act establish