Judge: Audra Mori, Case: 20STCV09459, Date: 2023-02-15 Tentative Ruling

Case Number: 20STCV09459    Hearing Date: February 15, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TWS Facility Services, Inc. (“Defendant”) moves to compel Plaintiff Linda Cota’s (“Plaintiff”) deposition.  Defendant asserts it timely noticed Plaintiff’s deposition for August 1, 2022.  However, Plaintiff did not appear for the deposition, and a certificate of non-appearance was taken.  (Mot. Exh. C.) 

CCP § 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.”  CCP § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410.

A motion to compel deposition “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”  (CCP § 2025.450(b)(2).) 

Here, Defendant did not submit a meet and confer declaration with the motion to compel Plaintiff’s deposition, nor does defense counsel’s declaration attached to the motion state that Defendant contacted Plaintiff to inquire about Plaintiff’s nonappearance.  The motion therefore does not comply with CCP § 2025.450(b)(2).  It is also noted that although defense counsel’s declaration states that a copy of the Notice of Deposition served on Plaintiff is attached as Exhibit A, Exhibit A contains only a proof of service stating that a notice of taking of Plaintiff’s deposition was served on Plaintiff.  The Notice of Deposition itself is not attached.  Thus, the Court cannot review the sufficiency of the Notice or confirm what it required of Plaintiff.

Therefore, the motion is denied.  The denial is without prejudice to Defendant re-filing the motion with the required meet and confer declaration and a copy of the notice served on Plaintiff. 

Moving Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 15^th day of February 2023