Judge: David A. Hoffer, Case: 30-2020-01135033, Date: 2023-07-17 Tentative Ruling

The motion by plaintiffs Sung Jun Lim (now deceased) and  Ui Kyung Lim to compel the deposition of Defendant TFC Worldwide, Inc., inclusive of production, consistent with Plaintiff’s 3rd Notice of Deposition is GRANTED.

CCP §2025.450(a) provides “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, . . , 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.”

Plaintiffs submitted a declaration stating that TFC Worldwide, Inc. failed to appear for the deposition as noticed and attached a copy of the deposition notice.   (Reynolds Decl. at ¶5)  The PMK deposition notice was for the deposition to take place via zoom on 2/23/23.  (Exh. 1 to Motion)  The deposition notice included 26 “Areas of Examination” for the PMK.  It also included a request for production of 42 categories of documents related to plaintiffs’ employment claims.  There were no objections served in response to the notice.  (Reynolds Decl. at ¶¶3-4)  The motion contains sufficient evidence of a meet and confer as well as good cause for the requested production of documents. 

Accordingly, the motion is granted and defendant TFC Worldwide, Inc. is ordered to appear for deposition, pursuant to the deposition notice attached as Exhibit 1 to the motion, as well as to produce documents referenced therein, within 30 days.

All parties are also ordered to appear at the hearing of this matter to address the pending OSC re Corporate Representation of Defendant TFC Worldwide, Inc. as well as the CMC re Bankruptcy Removal of defendant/Cross Complainant Min Ho Kim.

Counsel for moving party is ordered to give notice of this ruling.