Judge: Daniel M. Crowley, Case: 21STCV07589, Date: 2022-09-08 Tentative Ruling
Case Number: 21STCV07589 Hearing Date: September 8, 2022 Dept: 28
Defendant Bank of America’s Motion to Depose Prisoner Daniel Meza; Defendant Bank of America’s Motion to Depose Prisoner Walter Meneses
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On February 25, 2021, Plaintiffs Desiree Thabet (“Thabet”), Nathan Baqueiro (“Nathan”), Myles Baqueiro (“Myles”), Izeah Baqueiro (“Izeah”) and Estate of Abdalla Thabet (“Estate”) filed this action against Defendants Bank of America (“BofA”), Daniel Meza (“Meza”), Walter Meneses (“Meneses”) and Andrew Feusier (“Feusier”) for negligence (wrongful death).
On July 30, 2021, Plaintiffs filed the FAC.
On September 1, 2021, Feusier filed an answer.
On October 21, 2021, BofA filed an answer and a Cross-Complaint against Cross-Defendants Meza and Meneses for equitable indemnity, apportionment and declaratory relief. On March 23, 2022, the clerk entered default against Meneses and Meza on behalf of BofA.
On February 26, 2021, Plaintiff Amtrust North American and Security Naitonal Insurance Company (“Amtrust”) filed an action against Defendant BofA for general negligence and premises liability. On April 2, 2021, BofA filed an answer.
On August 11, 2022, BofA filed Motions to Depose Prisoner Walter Meneses and Daniel Meza to be heard on September 8, 2022.
Trial is currently set for March 27, 2023.
PARTY’S REQUESTS
BofA requests the Court grant an order to allow the depositions of Meneses and Meza.
LEGAL STANDARD
California Penal Code §2623 provides “[i]f in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner's examination in the prison by deposition may be made...by the court itself in which the action or special proceeding is pending, unless it be a small claims court.... Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. The deposition, when ordered, shall be taken in accordance with Section 2622. The Court will issue such an order “on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.”
California Code of Civil Procedure §1995 provides “If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows...by the court itself in which the action or special proceeding is pending, unless it be a small claims court...The Court will issue such an order “on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.”
DISCUSSION
Plaintiff’s complaint arises out of the murder of Decedent, who Plaintiff alleges was murdered by Meza and Meneses in the BofA parking lot after BofA employee Feusier disclosed Decedent’s bank deposit habits. Meza and Meneses were both criminally charged with Decedent’s murder. Meneses is currently incarcerated at Ironwood State Prison, which is operated by the California Department of Corrections and Rehabilitation, while Meza is incarcerated at the Twin Towers Correctional Facility, operated by the Los Angeles Sheriff’s Department.
BofA wants to depose both Meza and Meneses to determine whether Plaintiffs can establish the necessary facts to support Plaintiffs liability contentions against BofA. BofA additionally has filed its own Cross-Complaint against both parties. BofA specifically wishes to obtain testimony about the planning and execution of the murder, and what, if any information, Feusier disclosed to them.
As BofA has complied with all requirements, the Court grants the motion.
CONCLUSION
Defendant Bank of America’s Motion to Depose Prisoner Daniel Meza is GRANTED.
Defendant Bank of America’s Motion to Depose Prisoner Walter Meneses is GRANTED.
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.