Judge: Daniel S. Murphy, Case: 20STCV09649, Date: 2022-08-10 Tentative Ruling

Case Number: 20STCV09649    Hearing Date: August 10, 2022    Dept: 32

BACKGROUND

            On March 9, 2020, Plaintiff Marcus
Laun (“Plaintiff”) filed the present action against James Pakulis, Arnie
Johansson, and TransCanna Holdings, Inc. (“TransCanna”). The complaint asserts
causes of action for breach of contract, breach of fiduciary duty, fraud,
constructive trust, declaratory relief, interference with contract, and unfair
competition.

            On April 1, 2022, Plaintiff served a
deposition notice for Defendant TransCanna’s PMK, originally scheduled for
April 21, 2022. Plaintiff served an amended notice on April 19, 2022 for a
deposition on May 5, 2022. Defendant objected to the deposition on the grounds
that it is a Canadian company with no offices in California. Defendant did not
appear for deposition on May 5, 2022. On June 15, 2022, Plaintiff filed the
instant motion to compel the deposition of TransCanna’s PMK.   

LEGAL STANDARD

“If, after service of a deposition notice,
a party to the action or an officer, director, managing agent, or employee of a
party, or a person designated by an organization that is a party under Section
2025.230, without having served a valid objection under Section 2025.410, fails
to appear for examination, or to proceed with it, or to produce for inspection
any document … 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 … described in the deposition
notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

MEET AND CONFER

            A motion to compel deposition must
be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.450,
subd. (b)(2).) The Court finds that Plaintiff has satisfied the meet and confer
requirement. (See Fox Decl. ¶ 5.)

DISCUSSION

While Code Civ. Proc., § 2025.250(a)
generally restricts a California court from compelling a natural person to
travel to CA to give testimony in state if the witness is not a resident of CA,
artificial persons do not enjoy similar protections: (b) The deposition of an
organization that is a party to the action shall be taken at a place that is,
at the option of the party giving notice of the deposition, either within 75
miles of the organization’s principal executive or business office in CA, or
within the county where the action is pending and within 150 miles of that
office.

As set forth in the February 22, 2021, courts
order concerning TransCanna’s Motion to Quash service,  this court has already determined that TranCanna
is  “California based” company whose “principal
business activity” involves providing cannabis services to California and that
TranCanna’s contacts with California are substantial, continuous, and
systematic.

  PMK’s  deposition shall take place either 75 miles
from TranCanna’s Modesto location or via zoom. 
This deposition shall take place within 10 days of this order.

From the court’s discussion with the parties
yesterday, the court expects plaintiff to make himself available for deposition
this month. 

CONCLUSION

            Plaintiff’s motion to compel
deposition is GRANTED.  Both sides acted
with substantial justification, and as such, no sanctions are warranted.