Garcia-Brower v. Auto Shine Group

(03) Tentative Ruling

Re: Garcia-Brower v. Auto Shine Group Case No. 25CECG05835

Hearing Date: June 10, 2026 (Dept. 502)

Motion: Petition to Compel Witness to Respond to Subpoena and Order to Show Cause

If oral argument is timely requested, it will be entertained on Wednesday, June 24, 2026, at 3:30 p.m. in Department 501.

Tentative Ruling:

To deny the petition to compel the respondent to respond to the subpoena without prejudice, as the proof of service for the petition is incomplete and does not show the date when the petition, order, and supporting documents were served on respondent.

Explanation:

Petitioner has complied with most of the requirements for a petition to compel compliance with the subpoena it served on respondent. (See Gov. Code, §§ 11181- 11188.) Petitioner has filed a petition and declaration stating that it served the subpoena on respondent, which required respondent to serve the requested records by October 20, 2025. Respondent requested a one-week extension of time to respond, which petitioner granted. Thus, the respondent was required to serve responsive documents by October 27, 2025. However, respondent failed to serve any documents by October 27, 2025, and it has still failed to serve any documents despite petitioner sending a reminder that responses were overdue. Therefore, petitioner has met its burden of showing that it is entitled to an order compelling respondent to serve documents responsive to the subpoena.

However, petitioner has not filed a proper proof of service showing that respondent was personally served with the petition, order, and supporting documents on a specific date. The proof of service filed by petitioner is incomplete, as it does not include the date of service. (See proof of service filed on March 3, 2026, line 4.) Therefore, petitioner has not shown that respondent has been given proper notice of the petition and an opportunity to oppose it. As a result, the court intends to deny the petition without prejudice for failure to provide evidence that the petition was properly served on respondent.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order

adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: KCK on 06/08/26. (Judge’s initials) (Date)

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