Judge: Deirdre Hill, Case: 21STCV04426, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV04426    Hearing Date: August 25, 2022    Dept: M

Hearing Date:              Thursday, August 25, 2022   

Moving Parties:          Defendants, KOAR Airport Associates, Park Hotels & Resorts Inc. f/k/a                                        Hilton Worldwide, Inc. and SVI Airport LLC          

Responding Party:      None.

Motion To Compel Deposition of Plaintiff

            The court considered the moving papers.  As of present, plaintiff has not filed an opposition to defendants’ motion. Defendants KOAR Airport Associates, Park Hotels & Resorts Inc. f/k/a Hilton Worldwide, Inc. were dismissed on 8-22-22.

RULING

            Defendant SVI Airport LLC’s motion to compel deposition of plaintiff is GRANTED.

BACKGROUND

            On February 4, 2021, plaintiff Gurmaij Sall initiated the present action by filing a complaint against defendants Homewood Suites by Hilton Los Angeles International Airport, KOAR Airport Associates, LLC, Hilton Worldwide, Inc., Joyner Zecena, Eguardo Aguayo, and Does 1 through 25.  Plaintiffs’ complaint alleges the following causes of action: (1) negligence; and (2) premises liability.

            On April 28, 2021, defendants KOAR Airport Associates and SVI Airport LLC filed an answer.

            On April 30, 2021, defendant Park Hotels & Resorts Inc. f/k/a Hilton Worldwide, Inc. filed an answer.

            On January 11, 2022, plaintiff’s action was transferred and reassigned to Department M of the Torrance Courthouse.

            On March 1, 2022, the court denied plaintiff’s motion for trial preference, without prejudice.

            A Trial Setting Conference is scheduled to commence on August 25, 2022.

LEGAL AUTHORITY

            “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.”  (CCP, § 2025.280, subd. (a).)  If, after service of a deposition notice, a party deponent fails to appear, testify, or produce documents or tangible things for inspection without having served a valid objection under Code of Civil Procedure section 2025.410, the deposing party may move for an order compelling attendance, testimony, and production.  (CCP, § 2025.450, subd. (a).)  The motion must be accompanied by a meet and confer declaration, or, when a party deponent fails to attend the deposition, by a declaration stating that the moving party has contacted the party deponent to inquire about the nonappearance.  (CCP, § 2025.450, subd. (b)(2).)  If the deposition notice included a request for production of documents, the motion to compel attendance must also show good cause to justify the production.  (CCP, § 2025.450, subd. (b)(1).)

DISCUSSION

            Defendants KOAR Airport Associates, Park Hotels & Resorts Inc. f/k/a Hilton Worldwide, Inc., and SVI Airport LLC moved for an order compelling plaintiff’s attendance at a deposition within fifteen (15) days of this court’s order, on the ground plaintiff failed to appear for a noticed deposition on approximately June 13, 2022.

            Following a review of defendants’ arguments and submitted evidence, the court finds defendants are entitled to an order compelling plaintiff’s attendance during deposition within fifteen (15) days of this court’s order, pursuant to CCP § 2025.450, subdivision (a).  (CCP, § 2025.450, subd. (a).)  Defendants have demonstrated that, despite defendants’ service of a deposition notice upon plaintiff, and despite plaintiff’s failure to serve objections to the same, plaintiff has failed to appear for deposition on the date noticed by defendants.  Defendants demonstrate that, on June 21, 2021, defendants served a deposition notice upon plaintiff, effectively notifying plaintiff that her deposition would take place virtually on August 3, 2021.  (Cruz Decl., ¶ 2, Ex. A.)  Following plaintiff’s request, defendant agreed to continue plaintiff’s deposition and, accordingly, served a second notice of deposition on approximately May 20, 2022, which notified plaintiff that her deposition would now occur on June 13, 2022.  (Id., ¶¶  2,-4, Ex. B.)  Defendants additionally demonstrate that, in response to the aforementioned second notice of deposition, plaintiff did not serve any objections thereto and, further, failed to appear for deposition on June 13, 2022, for which a certificate of non-appearance was taken.  (Id. ¶¶ 4-7, Ex. C.)  Thereafter, defendants inquired with plaintiff’s counsel regarding the non-appearance, however “[p]laintiff’s counsel has not responded to any attempts to communicate or meet and confer”.  (Id., ¶¶ 7-9.)  Based on the foregoing, the court finds defendants are entitled to an order compelling plaintiff’s attendance during deposition, pursuant to CCP § 2025.450, subdivision (a).  (CCP, § 2025.450, subd. (a).)

            Defendants KOAR Airport Associates, Park Hotels & Resorts Inc. f/k/a Hilton Worldwide, Inc. were dismissed on 8-22-22. Sole remaining moving Defendant SVI Airport LLC’s motion to compel deposition of plaintiff is GRANTED.

            SVI Airport LLC’s is ordered to give notice of ruling.