Case Number: 22TRCV00557    Hearing Date: March 23, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Deirdre Hill                                                       Thursday, March 23, 2023
Department B                                                                                     Calendar No.

                                                                       PROCEEDINGS

Steven Bliss v. Corey William Glave, et al.   

22TRCV00557

1.     Corey William Glave’s Ex Parte Application for an Order Staying the Deposition by Oral Examination of Corey William Glave  

TENTATIVE RULING

Corey William Glave’s Ex Parte Application for an Order Staying the Deposition by Oral Examination of Corey William Glave is granted.

Background

Plaintiff filed the Complaint on July 7, 2022. Plaintiff alleges the following facts. Plaintiff was an L.A. County Sheriff’s deputy undergoing administrative disciplinary proceedings. Plaintiff retained Defendant to represent him. Defendant told Plaintiff not to attend an administrative hearing known as a Skelly hearing. Defendant also failed to attend. Plaintiff was discharged after not attending the hearing. Defendant also improperly disclosed privileged matters. Plaintiff alleges the following causes of action: 1. Professional Negligence (Legal Malpractice); 2. Breach of Fiduciary Duty.

Ex Parte Application to Stay

Code Civ. Proc., § 2025.270(d) states: “On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition, or may stay its taking until the determination of a motion for a protective order under Section 2025.420.”

On March 16, 2023, Defendant filed a Motion for Protective Order to prevent the taking of Defendant’s deposition by Plaintiff, currently scheduled for March 23, 2023, on the grounds that Defendant should not be subject to duplicative depositions. Defendant contends that a Motion for Leave to File Cross-Complaint has been filed and, if the County of Los Angeles is named as a Cross-Defendant, Defendant will potentially be subject to depositions by both Plaintiff and Cross-Defendant Los Angeles County. The Motion for Leave to File Cross-Complaint is set to be heard on June 12, 2023. The Motion for Protective Order is set to be heard on June 26, 2023.

Plaintiff opposes the ex parte application arguing that it is not proper to stay the taking of Defendant’s deposition because it is premature to determine that duplicative depositions will occur. Plaintiff argues that Defendant’s motion for protective order is not meritorious, and even argues that the motion for leave to file cross-complaint is not appropriate. It appears that Plaintiff opposes both of those requests and may be intending to file written oppositions to both motions.

However, Defendant submits good cause for an order staying the deposition until the time that both of Defendant’s motions are decided. Plaintiff’s argument, in fact, supports the request for a stay. The fact that the Court cannot yet determine whether the motion for leave to file cross-complaint and motion for protective order are meritorious weighs in favor of a stay. Should those motions be granted, there is a potential that Defendant may be subject to duplicative depositions. If Los Angeles County is added as a party to this action, it would be beneficial to all parties if deposition schedules are coordinated with this new party involved to prevent multiple and unnecessarily duplicative depositions.

Therefore, Defendant’s Ex Parte Application for Order Staying the Deposition of Corey William Glave is granted. Corey William Glave’s deposition is ordered stayed until the hearing and resolution of Corey William Glave’s Motion for Protective Order.

Defendant is ordered to give notice of this ruling.