Judge: Holly J. Fujie, Case: 18STCV08707, Date: 2023-04-06 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 18STCV08707    Hearing Date: April 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            On March 6, 2023, Plaintiff filed a motion to compel the deposition of Defendant Kim D. Lyles (“Defendant”) (the “Motion”). 

DISCUSSION

            If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party, without having served a valid objection, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.  (CCP § 2025.450, subd. (a).)  The motion must include: (1) facts showing good cause justifying the production of documents; and (2) where a deponent fails to attend the deposition and produce the documents, a declaration must accompany the motion indicating that the party seeking the order to compel contacted the deponent to inquire about the deponent’s nonappearance.  (CCP § 2025.450, subd. (b)(1)-(2).)

            Plaintiff initially took Defendant’s deposition on November 4, 2019.  (Declaration of Mazyar H. Mazarei (“Mazarei Decl.”) ¶ 2.)  On November 14, 2022, Plaintiff filed the currently operative second amended complaint (the “SAC”), and thereafter served Defendant with a Notice of Deposition (the “Notice”) that set a deposition for January 10, 2023 in order to question Defendant on the allegations included in the SAC.  (Mazarei Decl. ¶ 4, Exhibit A.)  Defendant served an objection to the Notice on December 27, 2022 on the grounds that Plaintiff is not entitled to depose Defendant a second time.  (Mazarei Decl. ¶ 5, Exhibit B.) 

            Under CCP section 2025.610, a natural party may only be deposed once without a court order based on a showing of good cause.  (CCP § 2025.610, subds. (a)-(b).)  Here, Plaintiff did not seek leave to take Defendant’s second deposition before serving Defendant with the Notice.  Nor does the Motion set forth specific facts to demonstrate good cause for allowing Defendant’s second deposition.  (See Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, 224.)  The Court therefore DENIES the Motion.

Moving party is ordered to give notice of this ruling.           

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

           Dated this 6th day of April 2023