Judge Daniel M. Crowley, Case Number: 20STCV35070, Date: 2023-08-22 Tentative Ruling

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Defendant Fitness International, LLC (“Fitness International”) (“Defendant”) moves unopposed to compel Non-party Witness Patrick Renteria (“Renteria”) to appear for deposition and enforce the deposition subpoena. (Notice of Motion, pg. 1; C.C.P §1987.1.)

Having reviewed Defendant’s unopposed Motion to Compel Renteria to Comply with Deposition Subpoena, the Court rules as follows.

On April 14, 2023, Defendant issued a valid out-of-state deposition subpoena of Renteria. (Decl. of An ¶4, Exh. A.) On September 21, 2023, after this Court denied Plaintiff’s motion to quash the deposition of Renteria, Defendant served its Second Amended Notice of Deposition Renteria on September 21, 2023, set for October 5, 2023. (Decl. of An ¶6, Exh. C.) Renteria agreed to remotely appear on October 5, 2023, for deposition.

On the week of the deposition, on October 2, 2023, pro per Plaintiff Michelle Garza (“Garza”) (“Plaintiff”) posted on her social media account to prevent Renteria from testifying in this deposition, which included threats to Renteria of a motion for enforcement for a violation of the protective order and jail time if he chooses to attend his deposition. (Decl. of An ¶7, Exhs. D, E.) Plaintiff removed the original post and reposted a similar post on October 5, 2023. (See Decl. of An ¶7, Exhs. D, E.) As a result, Renteria informed Defendant that he would not appear at the deposition as noticed, and Renteria did not appear at the deposition on October 5, 2023, where Defendant obtained a certificate of non-appearance. (Decl. of An ¶10, Exh. H.)

At the Final Status Conference on October 20, 2023, Plaintiff conveyed to this Court that the mutual protective orders in place would be violated should the deposition proceed and that this Court should obtain the approval of the Texas Court. Despite this Court’s order to submit the protective order issued by the Court in Texas by October 30, 2023, to date, Plaintiff has not done so.

The dueling protective orders, which were provided to Defendant by Renteria in response to the deposition subpoena, does not prohibit Renteria from testifying at a remote deposition. (Decl. of An ¶¶8-9, Exhs. F, G.)

The Court grants the motion pursuant to C.C.P. §1987.1 and orders Renteria to appear for deposition within 30 days.

Hon. Daniel M. Crowley

Judge of the Superior Court