Judge: Anne Hwang, Case: 19STCV42599, Date: 2023-09-26 Tentative Ruling

Case Number: 19STCV42599    Hearing Date: October 30, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On January 3, 2023, Defendant City of West Covina (“Defendant”) moved to compel the deposition of Plaintiff Layla Tafoya, by and through her guardian ad litem Ashley Esquivel (“Plaintiff”). On September 26, 2023, the Court denied the motion because there was no proof of service on Plaintiff of the rescheduling of the hearing date. Defendant requested a continuance of the hearing so that Defendant could serve Plaintiff with notice. The Court granted the request. On October 2, 2023, Defendant filed a proof of service of notice that the motion was continued to October 30 so that Plaintiff could oppose the motion, and attached the original moving papers.

DISCUSSION

Code of Civil Procedure § 2025.450(a) provides, “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 of Civil Procedure § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410. The objecting party has the burden to justify objections asserted. (See Denari v. Superior Court (1989) 215 Cal.App.3d 1488, 1494-95.) Code of Civil Procedure section 2025.480, subdivision (a) permits parties to bring a motion to compel the appearance of a deponent that failed to answer any question or produce documents. Code of Civil Procedure section 2025.610, subdivision (b) also permits a party to take a further deposition of a person upon the order of the Court for “good cause shown.” (McCoy v. Gustafson (2009) 180 Cal.App.4th 56, 97.)

Defendant served a deposition notice to Plaintiff’s counsel on February 28, 2022. (Buchanan Dec.¶ 2.) On July 26, 2022, Defendant again noticed the deposition. (Id. ¶ 11.) Defendant proceeded with the deposition on August 16, 2022 and obtained a certificate of non-appearance. (Id. ¶ 15.) Accordingly, the Court grants the motion to compel Plaintiff’s deposition.

Defendant also seeks monetary sanctions against Plaintiff and her counsel of record. However, counsel was relieved prior to the hearing on the motion. It is unclear whether Plaintiff has retained new counsel. The Court finds that the imposition of sanctions would be unjust.

CONCLUSION AND ORDER

The Court therefore grants the motion to compel Plaintiff’s deposition. Plaintiff is ordered to appear for deposition within 30 days.

Defendant shall give notice of the Court’s order and file a proof of service of such.