Judge: Gary I. Micon, Case: 23CHCV00109, Date: 2024-08-13 Tentative Ruling

Case Number: 23CHCV00109    Hearing Date: August 13, 2024    Dept: F43

Dept. F43

Date: 8-13-24

Case #23CHCV00109 , Robert Aaron Stephens vs. Whole Foods Market California, Inc.

Trial Date: 5-27-25

MOTION FOR LEAVE PERMITTING THE DEPOSITION OF PLAINTIFF IN PRISON

MOVING PARTY: Defendant Mrs. Gooch’s Natural Food Markets, Inc. dba Whole Foods Market

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Defendant requests that the Court order that Defendant be permitted to take the oral deposition of Plaintiff, a current prisoner, at a date to be determined.

RULING: Motion is granted.

SUMMARY OF ACTION

Plaintiff Robert Aaron Stephens (Plaintiff) is a current prisoner at Sierra Conservation Center in Jamestown, CA. Defendant Mrs. Gooch’s Natural Food Markets, Inc. dba Whole Foods Market (Defendant) is seeking to orally depose Plaintiff at the Sierra Conservation Center. In order to do so, Defendant needs an order from the Court.

Defendant filed its motion for leaving permitting the deposition of Plaintiff in prison on February 6, 2024. No opposition has been filed.

ANALYSIS

Discovery rules are applied liberally in favor of discovery. (Gonzales v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) Further, all doubts about discovery are resolved in favor of disclosure. (Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1119.)

Any party may obtain discovery by taking the oral deposition of any person, including a party to the action. (CCP § 2025.010.) Penal Code § 2623 allows for the examination by deposition of a prisoner in a civil action upon motion of the deposing party if the Court orders as such. Similarly, CCP § 1995 also allows for the deposition of a prisoner upon order of the Court.

Defendant was required to file this motion in order to obtain an order from the Court to depose Plaintiff. Defendant argues that Plaintiff’s testimony is necessary for Defendant to prepare its defense to Plaintiff’s slip and fall case. Defendant argues that Plaintiff’s testimony is material to the matter at hand, making the deposition in prison necessary and appropriate.

Based on the foregoing, the Court grants Defendant’s motion for leave to permit the oral deposition of Plaintiff at Sierra Conservation Center in Jamestown, CA.

Moving party to give notice.