Judge: Colin Leis, Case: 24STCV06926, Date: 2025-04-30 Tentative Ruling
Case Number: 24STCV06926 Hearing Date: April 30, 2025 Dept: 74
Alvarez v.
USA Debusk LLC
Defendant USA DeBusk LLC’s Motion to
Compel Deposition
BACKGROUND
This
motion arises from an employment action.
Plaintiff
Jose Luis Alvarez (Plaintiff) filed a complaint against his employer USA DeBusk
LLC (Defendant).
On
September 20, 2024, Defendant noticed Plaintiff’s deposition for September 20,
2024. Plaintiff did not show up for the
deposition.
Defendant
filed a motion to compel deposition.
On
April 18, 2025, Plaintiff’s Counsel filed a limited opposition notifying the
Court of Plaintiff’s death.
DISCUSSION
Given Plaintiff’s death, the Court finds the
Motion to Compel Deposition moot. The law does not require impossibilities. (Civ.
Code § 3531.)
CONCLUSION
The
Motion is Moot.