Judge: Gregory Keosian, Case: 22STCV18849, Date: 2023-03-21 Tentative Ruling

Case Number: 22STCV18849    Hearing Date: March 21, 2023    Dept: 61

Defendant Vicenta Solis’s Motion to Compel Deposition of Plaintiff Jose Solis is DENIED as moot.

I.       MOTIONS TO COMPEL DEPOSITION AND INSPECTION

A party may make a motion compelling a witness’s deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).)

Defendant Vicenta Solis (Defendant) moves to compel the deposition of Plaintiff Jose Solis (Plaintiff). Defendant served a notice of deposition upon Plaintiff on October 21, 2022, with the deposition to take place on November 29, 2022. (Gastelum Decl. ¶ 2.) Plaintiff agreed to appear, but raised several objections based on Plaintiff’s illiteracy, “significant mental and physical health issues including impaired cognition, depression.” (Gastelum Decl. ¶¶ 3–4.) Plaintiff submitted a letter from a doctor stating that Plaintiff suffers from “profound and progressive cognitive decline to the extent that he has been accompanied by family at each office visit,” alongside depression and alcoholism. (Gastelum Decl. ¶ 4.) On the day of deposition, just before it was set to begin, Plaintiff’s counsel informed Defendant that he would not be appearing for deposition. (Gastelum Decl. ¶ 5.) Defendant argues that these attestations of incapacity contradict the contentions in the verified complaint, which states that he read and understood the complaint. (Motion at pp. 5–6.) Defendant seeks sanctions against Plaintiff in the amount of $3,200.00 in attorney fees, representing eight hours of attorney work at $400 per hour, plus $1,312.92 in costs, including the filing fee, court report attendance at the deposition, and the fee for an interpreter, for a total of $4,512.92.(Gastelum Decl. ¶ 10.)

Plaintiff has filed no opposition, but as of February 10, 2023, has filed a notice of dismissal, dismissing himself from the case.

The motion to compel deposition is therefore moot, and is therefore DENIED.