Judge: Armen Tamzarian, Case: 24STCV05042, Date: 2025-05-07 Tentative Ruling

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Case Number: 24STCV05042    Hearing Date: May 7, 2025    Dept: 52

Plaintiff Opal Michelle Moody’s Motion to Compel Defendant’s Deposition

            Plaintiff Opal Michelle Moody moves to compel the deposition of defendant I.V. League, Inc.’s person(s) most qualified on 22 matters of examination.  A party may move to compel the deposition of a party and to compel production of documents requested in the notice of deposition when the party fails to appear at deposition or produce documents “without having served a valid objection under Section 2025.410.”  (Code Civ. Proc., § 2025.450, subd. (a).)

Defendant acknowledges it postponed the deposition scheduled in February 2025 due to its counsel’s illness.  (Schwettmann Decl., ¶ 10.)  On February 18, 2025, defendant’s counsel sent plaintiff’s counsel an email stating, “I have been out of the office sick since last week so the depositions will need to be rescheduled.  I was hoping to be back in the office today but I still have a fever.  I will get you new dates by tomorrow.”  (Shirazi Decl., Ex. 4, p. 2.)  Defendant, however, has not yet proposed a specific date for the deposition. 

In the declaration in support of the opposition, defendant’s counsel states the deponent has been unavailable due to a family member’s serious medical issues.  (Schwettmann Decl., ¶ 12.)  He further states, “[A]s of the date of this opposition, the PMQ should be available no later than 45 days from the date of the hearing, if not sooner all things considered.”  (Ibid.)

The court will exercise its discretion to grant this motion to facilitate scheduling of the deposition. 

Plaintiff also moves for $9,900 in sanctions against defendant and its counsel.  Defendant acted with substantial justification.  Sanctions are not just under the circumstances.  Defendant delayed this deposition for legitimate reasons.

Plaintiff Opal Michelle Moody’s motion to compel defendant’s deposition is granted.  Defendant I.V. League, Inc. is ordered to produce its person most qualified for deposition and to produce the documents specified in the notice of deposition no later than June 13, 2025.  By May 12, defendant shall propose three dates for the deposition between May 16 and June 13.  Plaintiff shall choose one of the three dates defendant proposes.