Judge: Elaine Lu, Case: 21STCV18508, Date: 2023-02-27 Tentative Ruling

Case Number: 21STCV18508    Hearing Date: February 27, 2023    Dept: 26

2/27/23:

Plaintiff's Counsel checked in at 8:30 am and advised the Court's Judicial Assistant that he wished to submit on his papers because he is engaged in trial.  Plaintiff's Counsel then left and did not wait for this ex parte application to be called, thereby waiving his appearance.

The Court does not make any finding that Defendants' Counsel wrongfully withheld any documents.

However, given that Plaintiff received documents subsequent to the deposition of Rick Juarez, the Court finds that the interests of justice would be served by allowing Plaintiff to depose Rick Juarez a second time at Plaintiff's expense.  Accordingly, Plaintiff's ex parte application for an order for Rick Juarez to submit to a second deposition is granted as follows: The parties are to meet and confer regarding a mutually convenient date, time, and location for Plaintiff to depose Rick Juarez a second time within the next 10 days.  If the parties are unable to stipulate to a a mutually convenient date, time, and location for Plaintiff to depose Rick Juarez a second time, then Plaintiff is to propose two different dates and times for Rick Juarez is to appear for a further deposition at a time and place, and Rick Juarez is to select one of the two dates and time offered by Plaintiff.  The parties are to complete the second deposition of Rick Juarez at that date and time.

Plaintiff's ex parte application for sanctions is DENIED.  The Court declines to award any sanctions.

The entirety of this order was posted on the LACourt.org website as a tentative ruling, and Defendant Rick Juarez stated that he has no objection to this order.

Defendant Rick Juarez is to give notice to Plaintiff and file proof of service of such within 1 court day.  

The Court Clerk shall also give electronic notice to Plaintiff.