Judge: Daniel M. Crowley, Case: 18STCV08575, Date: 2022-08-10 Tentative Ruling

Case Number: 18STCV08575    Hearing Date: August 10, 2022    Dept: 28

Plaintiffs Cash Potts and Aleatha Potts’ Motion to Compel Defendant Covina Valley Unified School District’s Employee Matt Dalton’s Deposition; Plaintiffs Cash Potts and Aleatha Potts’ Motion to Compel Defendant Covina Valley Unified School District’s Employees April Leon, Danielle Alexander and Justin Perri’s Depositions

Having considered the moving and opposing papers, the Court rules as follows.

BACKGROUND

On December 12, 2018, Plaintiffs Cash Potts (“Cash”) and Aleatha Potts (“Aleatha”) filed this action against Defendant Covina Valley Unified School District (“CVUSD”) and Dan Padilla (“Padilla”) for negligence, assault and battery, violation of education code § 49001, violation of right of freedom from unlawful search and seizures and violation of Penal code § 11165.

On July 2, 2019, Plaintiffs filed the First Amended Complaint. On November 8, 2019, Defendants filed an answer.

On July 12, 2022, Plaintiffs filed a Motion to Compel Deposition of Defendant Employee Matt Dalton to be heard on August 10, 2022, as well as a Motion to Compel Deposition of Defendant Employees April Leon, Danielle Alexander and Justin Perri. On July 28, 2022, Defendants filed an opposition. On August 8, 2022, Defendants filed a stipulation to continue the hearing.

Trial is currently scheduled for December 16, 2022.

PARTY’S REQUESTS

Plaintiffs request the Court order CVUSD to produce its employee, Matt Dalton, for his deposition within 14 days of the hearing on the motion. Plaintiffs also request the Court impose $1,285.00 in sanctions on CVUSD.

Defendants request the Court deny the motion.

The parties have stipulated to continue the hearing on the motion.

LEGAL STANDARD

Code of Civil Procedure § 2025.450 allows the Court to compel a party’s appearance and to produce documents.   

“If, after service of a deposition notice, a party to the action… without having served a valid objection… fails to appear for examination, or to proceed with it, or to produce for inspection any document 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 or tangible thing described in the deposition notice.”  A motion under subdivision (a) shall comply with both of the following: (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.  (2) The motion 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 or things described in the deposition notice, by a declaration stating the petitioner has contacted the deponent to inquire about the nonappearance.” 

CCP § 2025.450 provides that if a motion made under 2025.450 is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. 

Misuse of the discovery process includes (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense; (d) Failing to respond or to submit to an authorized method of discovery; and (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. CCP § 2023.010.  

DISCUSSION

Parties filed a stipulation to continue the motion to August 31, 2022, for the purposes of judicial economy and to see if depositions can be completed prior to the hearing on these motions. The Court approves of this stipulation and grants the requested continuance.

CONCLUSION

Plaintiffs Cash Potts and Aleatha Potts’ Motion to Compel Defendant Covina Valley Unified School District’s Employee Matt Dalton’s Deposition is CONTINUED to August 31, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse. Plaintiffs Cash Potts and Aleatha Potts’ Motion to Compel Defendant Covina Valley Unified School District’s Employees April Leon, Danielle Alexander and Justin Perri’s Depositions is CONTINUED to August 31, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.