Judge: Audra Mori, Case: 21STCV37401, Date: 2023-02-24 Tentative Ruling

Case Number: 21STCV37401    Hearing Date: February 24, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Robert Bragg (“Plaintiff”) moves to compel the depositions of Defendant City of Los Angeles’s (“Defendant”) persons most qualified (“PMQ”) for its Bureau of Street Services and Urban Forestry divisions.  Plaintiff asserts that he noticed Defendant’s PMQ’s deposition for March 16, 2022, and that after meeting and concerning with Defendant, Plaintiff agreed to separate depositions for Defendant’s PMQ for Bureau of Street Services and Urban Forestry divisions.  Plaintiff noticed the depositions for July 14, 2022, but Defendant’s PMQ did not appear at the July 14, 2022 depositions and certificates of non-appearance were taken.  (Mot. Exh. 17.)

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, Plaintiff attempted to meet and confer with Defendant about the depositions for Defendant’s PMQ for Bureau of Street Services and Urban Forestry divisions, but the parties were unable to resolve the dispute.  Any opposition to the motion was due by February 9, 2023.  To date, no opposition has been filed. 

The motion to compel is unopposed and granted.  (CCP § 2025.450(a).)  Defendant is ordered to produce its persons most qualified for its Bureau of Street Services and Urban Forestry divisions for deposition at a date, time, and location to be noticed by Plaintiff.  Plaintiff must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

As to the production of documents included in the deposition notices, (Mot. Exh. 8), Plaintiff does not set forth good cause for the production of any documents.  (CCP § 2025.450(b)(1) [“The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”].)  Therefore, Plaintiff’s motion is denied as to the request for production of documents included in the deposition notices served on Defendant.  (Mot. Exh. 8.)     

CCP § 2025.450(g)(1) requires the Court to impose sanctions unless it finds the deponent acted with substantial justification or there are circumstances that render imposition of sanctions unjust.  In this case, the Court finds imposition of sanctions unwarranted and unjust.  Although Defendant failed to produce a PMQ on March 16 and July 14, 2022, Defendant informed Plaintiff that it could not produce a PMQ on those dates.  Further, Plaintiff’s evidence shows that Defendant informed Plaintiff that the PMQ depositions could not take place on July 14, 2022 because Defendant’s counsel had Covid.  Based on the foregoing, no sanctions are awarded. 

Plaintiff 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 24^th day of February 2023