This case was last updated from Los Angeles County Superior Courts on 10/21/2020 at 00:38:40 (UTC).

SELVIN EDUARDO ZECENA-VALDEZ VS U.S. FUGITIVE SERVICES INTERNATIONAL

Case Summary

On 11/08/2019 SELVIN EDUARDO ZECENA-VALDEZ filed an Other lawsuit against U S FUGITIVE SERVICES INTERNATIONAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4836

  • Filing Date:

    11/08/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

ZECENA-VALDEZ SELVIN EDUARDO

Respondent

U.S. FUGITIVE SERVICES INTERNATIONAL

Attorney/Law Firm Details

Petitioner Attorney

DESMOND JOHN PATRICK

 

Court Documents

Notice (name extension) - Notice of Continued Hearing

9/24/2020: Notice (name extension) - Notice of Continued Hearing

Proof of Service by Mail - Proof of Service by Mail

9/24/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

10/16/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

10/19/2020: Minute Order - Minute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

5/1/2020: Proof of Service by Mail - Proof of Service by Mail

Notice of Hearing on Petition - Notice of Hearing on Petition

5/1/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

5/11/2020: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Proof of Service by Mail - Proof of Service by Mail

5/14/2020: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice of Intent to Appear by Telephone

5/14/2020: Notice (name extension) - Notice of Intent to Appear by Telephone

Proof of Service by Mail - Proof of Service by Mail

2/26/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

3/13/2020: Minute Order - Minute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/15/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Civil Case Cover Sheet - Civil Case Cover Sheet

11/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Proof of Service by Mail - Proof of Service by Mail

11/15/2019: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

11/8/2019: First Amended Standing Order - First Amended Standing Order

Petition (name extension) - Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610

11/8/2019: Petition (name extension) - Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/8/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 10/19/2020
  • DocketMinute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

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  • 10/19/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Relief in Discovery Dispute Related t...) of 10/19/2020; Filed by: Clerk

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  • 10/19/2020
  • DocketHearing on Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610 scheduled for 10/19/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/19/2020; Result Type to Held - Motion Denied

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  • 10/16/2020
  • DocketProof of Service by Mail; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 09/24/2020
  • DocketPetition Second Supplement to Petition to Compel Responses to the Subpoena fr Production of Business Records in Action Pending Outside California; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 09/24/2020
  • DocketNotice of Continued Hearing; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 09/24/2020
  • DocketProof of Service by Mail; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 08/04/2020
  • DocketMinute Order (Hearing on Petition for Relief in Discovery Dispute Related t...)

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  • 08/04/2020
  • DocketOn the Court's own motion, Hearing on Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610 scheduled for 08/04/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/19/2020 10:00 AM

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  • 05/14/2020
  • DocketNotice of Intent to Appear by Telephone; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: Selvin Eduardo Zecena-Valdez (Petitioner)

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10 More Docket Entries
  • 02/26/2020
  • DocketProof of Service by Mail; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 11/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner)

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  • 11/15/2019
  • DocketMemorandum of Points & Authorities; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner)

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  • 11/15/2019
  • DocketProof of Service by Mail; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner)

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  • 11/13/2019
  • DocketHearing on Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610 scheduled for 03/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/08/2019
  • DocketPetition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCCP Section 2029.610; Filed by: Selvin Eduardo Zecena-Valdez (Petitioner); As to: U.S. Fugitive Services International (Respondent)

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  • 11/08/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP04836    Hearing Date: October 19, 2020    Dept: 25

HEARING DATE: Mon., October 19, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Zecena-Valdez v. U.S. Fugitive Services International

CASE NUMBER: 19STCP04836 PET. FILED: 11-08-19

NOTICE: NO TRIAL DATE: NONE

PROCEEDINGS: PETITION FOR RELIEF IN DISCOVERY DISPUTE RELATED TO OUT-OF-STATE CASE

MOVING PARTY: Petitioner Selvin Eduardo Zecena-Valdez

RESP. PARTY: None

PETITION TO ENFORCE SUBPOENA ISSUED FOR CASE PENDING IN FOREIGN JURISDICTION

(CCP § 2029.600)

TENTATIVE RULING:

Petitioner Selvin Eduardo Zecena-Valdez’s Petition is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of October 15, 2020 [ ] Late [X] None

REPLY: None filed as of October 15, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 8, 2019, Petitioner Selvin Eduardo Zecena-Valdez (“Petitioner”), who is a Defendant in a Washoe County, Nevada action known as Indiana Lumbermens Mutual Insurance Company, et al v. Selvin Eduardo Zecena-Valdez, et al., Case No. CV16-02586 (the “Nevada Action”), filed the instant Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCP 2029.610 (the “Petition”) against non-party Respondent U.S. Fugitive Services International (“Respondent”).

Plaintiffs Indiana Lumbermens Mutual Insurance Company (“Lumbermens”) and American Surety Company filed the Nevada Action alleging that Petitioner breached a bail bonds agreement after Petitioner failed to appear for a criminal trial. (Pet., Bustos Decl., ¶ 3, Exh. A.) In one set of discovery responses, Plaintiff Lumbermens claims that it hired Respondent to locate and apprehend Petitioner after he failed to appear for trial. (Id. at ¶ 4, Exh. B., p. 3, No. 10.) Petitioner states it believes Respondent is a professional bounty-hunting service specializing in apprehending and surrendering individuals both domestically and abroad. (Id. at ¶ 6.)

On September 24, 2019, Petitioner personally served Respondent’s registered agent with a Subpoena for Production of Business Records in Action Pending Outside California (the “California Subpoena”). (Id. at ¶ 7, Exh. D.) Petitioner argues that the documents it seeks from Respondent are relevant to Plaintiff’s claims against Petitioner in the pending Nevada Action. (Pet., p. 2.)

On March 13, 2020, the Court continued the hearing on the Petition due to Petitioner’s failure to file a proof of service demonstrating Respondent was properly served with the moving papers. (3/13/20 Minute Order.) The Petition also did not include a copy of the foreign subpoena or indicate whether a foreign subpoena was issued. (Id.)

At the continued August 4, 2020 hearing, neither Petitioner nor Respondent appeared. (8/4/20 Minute Order.) The Court identified deficiencies in the proof of service and ordered a corrected one to be filed. (Id.) On September 24, 2020, Petitioner filed a second set of supplemental papers, which includes a copy of the original Petition, with a proof of service demonstrating the documents were served by mail that same day. (9/24/20 Supp. Brief, Exh. Exh. 1 Proof of Service.)

To date, no opposition has been filed.

  1. Legal Standard & Discussion

Pursuant to the Interstate and International Depositions and Discovery Act, a party to a proceeding in a foreign jurisdiction may obtain discovery in California by retaining an attorney admitted to the California State Bar to issue a subpoena. (Code Civ. Proc., § 2029.350, subd. (a).) “If a dispute arises relating to discovery under this article, any request for a protective order or to enforce, quash, or modify a subpoena, or for other relief may be filed in the superior court in the county in which discovery is to be conducted and, if so filed, shall comply with the applicable rules or statutes of this state.” (Code Civ. Proc., § 2029.600, subd. (a).) (Italics added.)

  1. Service of the Subpoena

A subpoena issued under this article must be personally served in accordance with California Law. (Code Civ. Proc., § 2029.400.)

As noted above, Petitioner’s evidence demonstrates that Respondent U.S. Fugitive Services’ then registered agent for service of process, Diane Jara, was personally served with the California Subpoena on September 24, 2019 at 11455 Paramount Blvd., Suite A, Downey, CA 90241. (Pet., Exh. A; Bustos Decl., ¶ 7, Exh. D.) Thus, Section 2029.400 is satisfied.

  1. Subpoena Requirements

“A subpoena issued under this section shall satisfy all of the following conditions:

(1) It shall incorporate the terms used in the foreign subpoena.

(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) It shall bear the caption and case number of the out-of-state case to which it relates.

(4) It shall state the name of the superior court of the county in which the discovery is to be conducted.

(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.”

(Code Civ. Proc., 2029.350, subd. (b).) (Italics added.)

Here, the terms of the Nevada Subpoena and California Subpoena are the same. (Pet., Exh. A; Bustos Decl., ¶ 7, Exh. D; 5/1/20 Supp. Brief, Exh. 3.) The California Subpoena includes the caption, Indiana Lumbermens Mut. Ins. Co. v. Zecena-Valdez, the case number, CV16-02586, and identifies the Los Angeles Superior Court as the Court for the county in which discovery is to be conducted for the Nevada Action. (Id.) In addition, the California Subpoena was prepared by an attorney admitted to the California State Bar and served on Judicial Council Form SUBP-035 as required by Section 2029.390. (Id.) The California subpoena also identifies Plaintiff in the Nevada Action as Indiana Lumbermens Mutual Insurance Company and includes their attorney Michael Bohn’s address information. (Pet., Exh. A; Bustos Decl., ¶ 7, Exh. D.) However, it does not include Mr. Bohn’s phone number as required by Section 2029.350, subdivision (b)(2). (Pet., Exh. A, ¶ 4, Attach. 4.) It also does not identify Plaintiff American Surety Company as a party in the Nevada Action or provide the name, address, and telephone number of its counsel. (See id.)

Thus, because Petitioner has not demonstrated compliance with the requirements of Code of Civil Procedure section 2029.350, subdivision (b), the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Selvin Eduardo Zecena-Valdez’s Petition is DENIED.

Moving party is ordered to give notice.

Case Number: 19STCP04836    Hearing Date: August 04, 2020    Dept: 25

HEARING DATE: Tue., August 4, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Zecena-Valdez v. U.S. Fugitive Services International

CASE NUMBER: 19STCP04836 PET. FILED: 11-08-19

NOTICE: NO TRIAL DATE: NONE

PROCEEDINGS: PETITION FOR RELIEF IN DISCOVERY DISPUTE RELATED TO OUT-OF-STATE CASE

MOVING PARTY: Petitioner Selvin Eduardo Zecena-Valdez

RESP. PARTY: None

PETITION TO ENFORCE SUBPOENA ISSUED FOR CASE PENDING IN FOREIGN JURISDICTION

(CCP § 2029.600)

TENTATIVE RULING:

Petitioner Selvin Eduardo Zecena-Valdez’s Petition is CONTINUED TO OCTOBER 19, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of July 31, 2020 [ ] Late [X] None

REPLY: None filed as of July 31, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 8, 2019, Petitioner Selvin Eduardo Zecena-Valdez (“Petitioner”), who is a Defendant in a Washoe County, Nevada action known as Indiana Lumbermens Mutual Insurance Company, et al v. Selvin Eduardo Zecena-Valdez, et al., Case No. CV16-02586 (the “Nevada Action”), filed the instant Petition for Relief in Discovery Dispute Related to Out-of-State Case Pursuant to CCP 2029.610 (the “Petition”) against non-party Respondent U.S. Fugitive Services International (“Respondent”).

Plaintiffs Indiana Lumbermens Mutual Insurance Company (“Lumbermens”) and American Surety Company (“American”) filed the Nevada Action alleging that Petitioner breached a bail bonds agreement after Petitioner failed to appear for a criminal trial. (Pet., Bustos Decl., ¶ 3, Exh. A.) In one set of discovery responses, Plaintiff Lumbermens claims that it hired Respondent to locate and apprehend Petitioner after he failed to appear for trial. (Id. at ¶ 4, Exh. B., p. 3, No. 10.) Petitioner states that it believes Respondent is a professional bounty-hunting service specializing in apprehending and surrendering individuals both domestically and abroad. (Id. at ¶ 6.)

On September 24, 2019, Petitioner served Respondent’s registered agent with a Subpoena for Production of Business Records in Action Pending Outside California (the “California Subpoena”). (Id. at ¶ 7, Exh. D.) Petitioner submitted a proof of service demonstrating that the California Subpoena was personally served on Respondent’s registered agent for service of process on September 24, 2019 at 11455 Paramount Blvd., Suite A, Downey, CA 90241. (Id.) Petitioner argues that the documents it seeks from Respondent are relevant to the Plaintiff’s claims against Petitioner in the pending Nevada Action. (Pet., p. 2.)

On March 13, 2020, the Court continued the hearing on the Petition due to Petitioner’s failure to file a proof of service demonstrating Respondent was properly served with the moving papers. (3/13/20 Minute Order.) The Petition also did not include a copy of the foreign subpoena or indicate whether a foreign subpoena was issued. (Id.) The Court ordered Petitioner to file and serve supplemental papers addressing these deficiencies, and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)

On April 21, 2020, the Court, on its own motion, continued the hearing to August 4, 2020 at 9:30 a.m. (4/21/20 Notice re Continuance of Hearing and Order.) Petitioner was ordered to give notice of the continuance and to file a proof of service demonstrating it gave such notice. (Id.)

To date, no opposition has been filed.

  1. Legal Standard & Discussion

Pursuant to the Interstate and International Depositions and Discovery Act, a party to a proceeding in a foreign jurisdiction may obtain discovery in California by retaining an attorney admitted to the California State Bar to issue a subpoena. (Code Civ. Proc., § 2029.350, subd. (a).) “If a dispute arises relating to discovery under this article, any request for a protective order or to enforce, quash, or modify a subpoena, or for other relief may be filed in the superior court in the county in which discovery is to be conducted and, if so filed, shall comply with the applicable rules or statutes of this state.” (Code Civ. Proc., § 2029.600, subd. (a).)

  1. Notice

“A petition under Section 2029.600 or Section 2029.620 is subject to the requirements of Section 1005 relating to notice and to filing and service of papers.” (Code Civ. Proc., § 2029.630.) Code of Civil Procedure section 1005 requires that all moving and supporting papers be filed and served at least 16 court days before the scheduled hearing, plus an additional five calendar days if service is effectuated by mail to a California address. (Code Civ. Proc., § 1005, subd. (b).)

Here, the proof of service submitted with Petitioner’s supplemental papers indicates the Petition was personally served on Ryan Smalls, owner of Respondent. (5/1/20 Supp. Papers, Exh. 1.) Contradictorily, it also states the person served was Rose Smalls, Ryan Smalls’ wife which would mean Petitioner was served via substitute service. (Id.) Petitioner’s proof of service also does not demonstrate that it gave notice of the continued hearing. (Id.) Indeed, the proof of service incorrectly indicates that the hearing date was set for May 26, 2020 at 10:30 a.m. (Id.)

Thus, Petitioner is ordered to file a proof of service correcting this error.

  1. Subpoena Requirements

“A subpoena issued under this section shall satisfy all of the following conditions:

(1) It shall incorporate the terms used in the foreign subpoena.

(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) It shall bear the caption and case number of the out-of-state case to which it relates.

(4) It shall state the name of the superior court of the county in which the discovery is to be conducted.

(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.”

(Code Civ. Proc., 2029.350, subd. (b).)

Here, Petitioner’s counsel is located in Reno, Nevada, but he is also admitted to the California Bar. Petitioner provides evidence that the California Subpoena was personally served on Respondent. (Pet., Bustos Decl., ¶ 7, Exh. D.)

Petitioner’s supplemental papers demonstrate that a subpoena issued in Nevada was served on Plaintiff’s counsel, Michael Bohn but not served on third-party respondent itself. (5/1/20 Supp. Papers, Exh. 1, Subpoena Deuces Tecum, Proof of Service.) Indeed, it is unclear to the Court what effect, if any, this has on the California Subpoena that was issued and based on the Nevada subpoena, or on this Court’s ability to compel compliance with the California Subpoena.

Thus, Petitioner is ordered to provide supplemental briefing regarding this issue.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Selvin Eduardo Zecena-Valdez’s Petition is CONTINUED TO OCTOBER 19, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.