Judge: Holly J. Fujie, Case: 20STCV49718, Date: 2023-03-22 Tentative Ruling

Case Number: 20STCV49718    Hearing Date: March 22, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

            This order concerns: (1) a motion to be relieved as Plaintiff’s counsel filed by Ramin R. Younessi (“Younessi”) (the “Motion to Be Relieved”); and (2) a motion to compel Plaintiff’s deposition filed by Defendants (the “Motion to Compel”). 

MOVING PARTY: (1) Younessi; (2) Defendants

RESPONDING PARTY: (2) Plaintiff

The Court has considered the moving, opposition and reply papers.  No opposition papers to the Motion to Be Relieved 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). 

MOTION TO BE RELIEVED AS COUNSEL

            The court has discretion on whether to allow an attorney to withdraw, and a motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

            In support of the Motion to Be Relieved, Younessi declares that there has been a breakdown of the attorney-client relationship.  The Court finds this to be an adequate basis for withdrawal.  For this reason and because it is unopposed, the Court GRANTS the Motion to Be Relieved.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

MOTION TO COMPEL

            Under CCP section 2025.450, where a deponent fails to attend a deposition and produce documents, an opposing party can ask the court to order the deponent’s attendance and testimony at a deposition, as well the production of the documents specified in the deposition notice.  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).)

            On January 12, 2023, Defendants served their notice of Plaintiff’s deposition, which they scheduled to occur on January 24, 2023 in person.  (Declaration of Asheesh Mohindru (“Mohindru Decl.”) ¶ 4.)  On January 20, 2023, Plaintiff served an objection and indicated that she could not appear in person due to medical reasons.  (Mohindru Decl. ¶ 5, Exhibit C.)  The first part of Plaintiff’s deposition was conducted remotely on January 24, 2023, and Defendants informed Plaintiff that the second portion would proceed in person.  (Mohindru Decl. ¶ 6.)  The second portion of Plaintiff’s deposition was scheduled to occur in person on February 16, 2023.  (Mohindru Decl. ¶ 8.)  On February 15, 2023, Plaintiff’s counsel notified Defendants that Plaintiff would not appear in person for her deposition.  (Mohindru Decl. ¶ 9.) 

            Plaintiff has not provided an explanation for why she is unable to appear in person for her deposition.  The Court therefore GRANTS the Motion to Compel.  Plaintiff and Defendants are to confer within the next 20 days to select a suitable date for Plaintiff’s deposition, which is to be taken within 80 days of the date of this order.  

Defendants are 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 22nd day of March 2023