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Keywords

litigationmediationlawyersubpoenadepositiondiscoveryappealtrialmotioncorporationcompliancedivorceobjectiongood faith
subpoenadepositiontrialmotioncompliance

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In re Marriage of Moore, 102 Cal.App.5th 1275, 322 Cal.Rptr.3d 249, 2024 Daily Journal D.A.R. 5804

Facts

Monique Covington Moore and Charles Moore were married from 1998 until March 2020, when Covington initiated divorce proceedings. During the marriage, Charles formed Rocket Lawyer, Inc. and Acendi Interactive Company, LLC, both of which Covington claimed were significant marital assets. Covington served deposition subpoenas for business records on both companies, which they resisted. Covington filed a motion to compel compliance, leading to the trial court ordering both companies to pay $25,000 in sanctions for unjustified resistance.

Issue

Did the trial court err in granting Covington's motion to compel compliance with deposition subpoenas and in imposing monetary sanctions against the nonparty companies?

Did the trial court err in granting Covington's motion to compel compliance with deposition subpoenas and in imposing monetary sanctions against the nonparty companies?

Rule

In civil litigation, discovery from a nonparty can only be obtained through a deposition subpoena, which must be personally served. The court must impose monetary sanctions against any party who unsuccessfully opposes a motion to compel unless it finds substantial justification for the opposition. A party must engage in reasonable and good faith attempts to resolve discovery disputes informally before filing a motion to compel.

Analysis

The court found that the 60-day deadline for Covington to file her motion to compel began when the corporation served its objections to the valid subpoena. The trial court determined that the companies did not act with substantial justification in resisting the subpoenas, as their objections were deemed unmeritorious. The court also concluded that Covington made reasonable efforts to resolve the dispute informally, satisfying the requirement for filing the motion to compel.

Conclusion

The Court of Appeal affirmed the trial court's orders in part, finding that the imposition of sanctions was justified, but reversed in part regarding the compensability of mediation expenses incurred after the motions were filed.

Accordingly, we reverse the orders in part and remand for redetermination of the sanctions awards. In all other respects, we affirm.

Who won?

Monique Covington Moore prevailed in her motion to compel compliance with the deposition subpoenas. The court found that the nonparty companies unjustifiably resisted the subpoenas, which warranted the imposition of monetary sanctions. The trial court's determination that Covington engaged in reasonable and good faith efforts to resolve the discovery disputes before filing her motion was also upheld, reinforcing her position as the prevailing party.

Monique Covington Moore prevailed in her motion to compel compliance with the deposition subpoenas. The court found that the nonparty companies unjustifiably resisted the subpoenas, which warranted the imposition of monetary sanctions.

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