Judge: Audra Mori, Case: 21STCV23023, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV23023    Hearing Date: February 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

This consolidated action arises from a motor vehicle accident. 

Defendant Uber Technologies, Inc. (“Uber”) moves to compel defendant Sergio Castro’s (“Castro”) deposition.  Uber asserts that it noticed Castro’s deposition for July 20, 2022, and that despite neither objecting to the deposition notice nor moving for a protective order, neither Castro nor Castro’s counsel appeared for the deposition stating only at the last minute that they were unavailable.  Uber took a certificate of non-appearance as a result.  (Mot. Exh. 6.) 

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.

Here, Uber asserts it contacted Castro after taking the certificate of non-appearance to meet and confer regarding dates to take Castro’s deposition.  Uber provides that Castro has not confirmed any available dates for his deposition.  Any opposition to the motion was due by January 27, 2023.  To date, no opposition has been filed. 

The motion to compel is unopposed and granted.  (CCP § 2025.450(a).)  Castro is ordered to appear for deposition at a date, time, and location to be noticed by Uber.  Uber must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

No sanctions are requested, and none are awarded.

Defendant Uber 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 9^th day of February 2023