Judge: Deborah C. Servino, Case: 30-2020-01155232, Date: 2022-08-26 Tentative Ruling

NO TENTATIVE RULING

Defendant Jonathan Hernandez filed a motion for an order compelling Plaintiff Marco Flores to attend and testify at the deposition.  As a preliminary matter, a “Declaration of Adnan Fakih” was submitted with the motion.  However, this declaration is deficient.  The first line of the declaration states, “I, ROBERT J. DAGMY, do declare as follows:”  The declaration appears to be signed by Adnan Fakih, but underneath the signature states: “By:  ADNAND FAKIH FOR ROBERT J. DAGMY Declarant”.  (Fakih Decl.)  This declaration does not appear to comply with Code of Civil Procedure section 2015.5.  It is unclear who would be subject to penalty of perjury - Fakih or Dagmy - and upon whose personal knowledge the declaration is based.  (See In re Marriage Reese & Guy (1999) 73 Cal.App.4th 1214, 1222-1223 [attorney's custom of signing declarations under penalty of perjury on behalf of her clients and witnesses was improper, even if attorney was not intending to deceive the court].) 

No opposition was filed.  It is unclear whether Plaintiff was properly served with the instant motion.  Plaintiff has filed with the court only one document that lists an email address: info@cainjurynetwork.com.  (See ROA 12.)  The motion was served by email to vania@cainjurynetwork.com and litigation@cainjurynetwork.com.  It is unknown whether Plaintiff has authorized or agreed to electronic service at either of these email addresses.  (See Code Civ. Proc., § 1010.6; Cal. Rules of Court, 2.251.)  The parties should be prepared to discuss whether the motion, the notice of taking deposition on September 29, 2021, and the notices of continuance of taking deposition, were properly served.