Judge: Andre De La Cruz, Case: 2023-01320924, Date: 2023-08-07 Tentative Ruling

1. Motion to Compel Deposition (Oral or Written)
2. Motion to Compel Deposition (Oral or Written) filed by Elizabeth Skendzic on 6/28/23 and 6/29/23

Plaintiff Elizabeth Skendzic (“Plaintiff”) moved to compel the depositions of the (1) Person Most Knowledgeable of S-H Huntington Terrace OPCO, LLC plus $3,060 in sanctions, see ROA 93, and (2) Person Most Knowledgeable of MSL Community Management, LLC plus $3,060 in sanctions, see ROA 97. 

The Motions are CONTINUED to August 21, 2023 for Plaintiff’s failure to meet and confer pursuant to Code of Civil Procedure section 2025.450(b).

Code of Civil Procedure section 2025.450(a) states:

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  Code Civ. Proc., § 2025.450(a).

A motion to compel deposition brought pursuant to 2025.450(a) must: (1) “set forth specific facts showing good cause justifying the production”; and (2) “be accompanied by a meet and confer declaration under Section 2016.040, or . . . a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” See Code Civ. Proc., § 2025.450(b).

Here, Plaintiff established that Defendants failed to object to the notice depositions and thereafter failed to appear for the June 27, 2023 and June 28, 2023 depositions.

However, Plaintiff failed to establish that Plaintiff met and conferred with Defendant to inquire about the nonappearance as required under Code of Civil Procedure section 2025.450(b). Plaintiff established that she met and conferred before the deposition was noticed but there is no evidence that she met and conferred after the nonappearance on June 27th and 28th, which is mandatory. 

Accordingly, the Motions are CONTINUED to August 21, 2023 for Plaintiff’s failure to meet and confer pursuant to Code of Civil Procedure Sec. 2025.450(b).

This Court understands that this case has been granted preference pursuant to CCP § 36(a) and 36.5, see ROA 75, and that trial is set for September 18, 2023.  Accordingly, there shall be no further briefing on this matter, parties are ORDERED to meet and confer pursuant to statute within one week of the entry of this order.

Plaintiff shall file a declaration regarding her meet and confer efforts no later than 5 court days before the continued hearing date

Plaintiff to give notice.