SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN DIEGO
CENTRAL
MINUTE ORDER
DATE: 05/09/2014
TIME: 10:30:00 AM
JUDICIAL OFFICER PRESIDING: Judith F. Hayes
CLERK: Richard Cersosimo
REPORTER/ERM: Not Reported
BAILIFF/COURT ATTENDANT: P.K. Beebe
DEPT: C-68
CASE NO: 37-2009-00096686-CU-BT-CTL CASE INIT.DATE: 08/21/2009
CASE TITLE: Serochi vs. Bosa Development California II Inc
CASE TYPE: Business Tort
CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Motion to Quash (Civil)
MOVING PARTY: George J Serochi, Jr
CAUSAL DOCUMENT/DATE FILED: Motion - Other to Quash or for Protective Order regarding Trial
Subpoenas to Absent Class Members; Notice of Motion; Memorandum in support of Motion; Declaration
of Leslie E Hurst, 04/17/2014
APPEARANCES
No Appearance by all parties
There are no appearances by any party.
The Court CONFIRMS the tentative ruling as follows:
The Motion of Plaintiff to Quash Trial Subpoenas to Absent Class Members is GRANTED. (CCP section
128(a)(3), CRS Rule No. 3.767(4) and Evidence Code section 352)
The Court finds defendant' attempt to subpoena each 3,050 absent class members for trial defeats the
class action process and contravenes relevant authority and common sense. (See Ramierz v. Balboa
Thrift & Loan (2013) 215 Cal.App.4th 765)
Due process requires that before a person is deprived of life, liberty or property, he is entitled to fair
notice, an opportunity to participate in his defense, for the proceedings to be conducted by an
independent judiciary, and to appeal. (Hurtado v. California (1884) U.S. 516, 532; Today's Fresh Start,
Inc. v. Los Angeles County Office of Education (2013) 57 Cal.4th 197, 212-13) No authority gives Bosa a
due process right to examine all absent class members at trial. To the contrary, permitting Bosa to do so
would defeat the purpose of pre-trial discovery and frustrate the class action process. (See Earley v.
Superior Court (2000) 79 Cal.App.4th 1420, 1434)
Defendants had a full opportunity to conduct discovery on the absent class members and chose not to
do so. To allow defendants to investigate their defenses during trial would constitute a waste of judicial
and party resources.
DATE: 05/09/2014
DEPT: C-68
MINUTE ORDER
Page 1
Calendar No. 34