Judge: Craig Griffin, Case: "Sun v. Choczero, Inc.", Date: 2023-08-07 Tentative Ruling

Plaintiff Bingqing Sun’s (“Plaintiff”) motion to compel the depositions of John Zhou (“Zhou”), Yuzhou Xie (“Xie”), and Michael Zhang (“Zhang”) is DENIED.

As to Zhang and Zhou who reside in China, the Civil Discovery Act provides a means for taking depositions of non-California residents in the state or country of their residence.  (See C.C.P. § 2027.010.)  Plaintiff has not followed these procedures based on her contention that taking depositions in China is not feasible due to restrictions imposed by the Chinese government.  While Plaintiff’s argument has merit, she offers no authority specifically providing that it is appropriate for the Court under these circumstances to compel Zhang and Zhou to appear at a deposition at a place that is more than 150 miles from their residence and in a foreign country.  (See Code Civ. Proc. §§ 2025.250(a) and 1989; Toyota Motor Corp. v. Superior Court (2011) 197 Cal.App.4th 1107.)  Furthermore, Plaintiff seeks relief under section 2025.260, which applies to oral depositions inside California.  Here, Plaintiff is seeking to compel depositions in a foreign country.

Even if relief under Code of Civil Procedure section 2025.260 is available, the Court would exercise its discretion to deny the motion as the Court finds the balancing test of said section weighs against compelling the depositions.

As to Xie, Defendants are correct that Choczero is not required to produce him as he is a former employee of Choczero.  Plaintiff will need to issue a deposition subpoena for Xie.  (See Code Civ. Proc., § 2025.280(a), (b); see also, Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390, 1398.)  Defendants are ordered to provide Plaintiff with the last known contact information for Xie so that Plaintiff can issue said subpoena.

Accordingly, the motion is DENIED.

Under the circumstances here, the Court determines that sanctions are not warranted.  Thus, both parties’ requests for sanctions are DENIED.

Counsel for Defendants are to give notice.