Judge Holly J. Fujie, Case Number: 19STCV23747, Date: 2024-03-28 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.

These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Defendant Daniel Ayon (“Ayon”), who was employed as an afterschool staff coordinator.

LAUSD now moves for an order pursuant to Penal Code § 2623 in order to take the deposition of Ayon because he is in custody while awaiting trial for criminal matters relating to the events underlying these consolidated actions. (Motion at pg. 2.)

A party is entitled to take the deposition of another party. (Code Civ. Proc., § 2025.010.) The court can order a prisoner’s examination in the prison by deposition. (Pen. Code § 2623.) Such an order is made on motion of a party, supported by an affidavit showing the nature of the action or proceeding, the testimony expected, and its materiality. (Ibid.)

The deposition is required to be taken “in accordance with Section 2622” which permits the deposition to be taken “before any magistrate or notary public of the county in which the prison is situated; or in case the defendant is unable to pay for taking the deposition, before an officer of the prison designated by the board, whose duty it shall be to act without compensation. Every officer before whom testimony shall be taken under this section, shall have authority to administer, and shall administer, an oath to the witness that his or her testimony shall be the truth, the whole truth, and nothing but the truth.” (Pen. Code § 2622.)

Here, LAUSD has established that Ayon is currently in criminal custody. (See D’Egidio Decl. ¶ 1, Exh. A.) Also, LAUSD has shown that there is good cause in taking Ayon’s deposition. Not only is Ayon a pertinent witness, he is a co-defendant in these consolidated actions, and naturally, his testimony would be material to this action. (Motion at pg. 3.) Thus, LAUSD contends that it would be harmed if it were not allowed to take Ayon’s deposition because his testimony is vital to the preparation of a meaningful defense. (Ibid.)

Accordingly, because good cause has been shown, LAUSD’s motion to take the deposition of Ayon pursuant to Penal Code § 2623 is GRANTED. The deposition of Ayon shall be conducted in accordance with Penal Code § 2622.

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.

Hon. Holly J. Fujie

Judge of the Superior Court