Judge: David A. Hoffer, Case: 30-2022-01277425, Date: 2023-08-28 Tentative Ruling

The Motion to Compel Plaintiff, Stephen Kuechner to Appear at Deposition filed by Defendant, Paul Gregory is DENIED without prejudice.

“The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.”  (C.C.P. § 2025.280(a).)

“If, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it…the party giving the notice may move for an order compelling the deponent’s attendance and testimony[.]”  (C.C.P. § 2025.450(a).)

Here, Mr. Gregory contends Mr. Kuechner -- without having served a valid objection -- failed to appear at his deposition noticed for April 13, 2023.  The deposition notice is attached as Exhibit E to the motion and was purportedly served on Mr. Kuechner, in pro per, by mail on February 6, 2023.  However, the address for Mr. Kuechner listed in the proof of service of the deposition notice is incorrect.  Mr. Kuechner’s address as reflected in the Court’s files is 303 Canterbury Drive W, Riviera Beach, FL 33407.  The address for Mr. Kuechner listed in the proof of service of the deposition notice is 303 Centerbury Drive W, Riviera Beach, FL 33047.  (See Exhibit E.)  Thus, because the proof of service contains an inaccurate address for Mr. Kuechner, the Court is unable to determine if the deposition notice was properly served such that the notice would be effective to require Mr. Kuechner to attend the deposition.

In addition, there is no indication in the moving papers that Mr. Gregory’s counsel contacted Mr. Kuechner after the deposition to inquire about the nonappearance as required by Code of Civil Procedure section 2025.450(b)(2).

Accordingly, the motion is denied without prejudice.

Counsel for Mr. Gregory is ordered to give notice of this ruling.