Judge: James L. Crandall, Case: 17-948432, Date: 2022-12-22 Tentative Ruling

1.    Motion for Modification

The Court hereby corrects its 8/18/22 minute order (ROA 776) as follows:

The following sentence at page 2 of the order, “Defendants’ demurrer to Plaintiff's third amended complaint (TAC) is SUSTAINED without leave to amend as to the fourth, sixth, and seventh causes of action and OVERRULED as to the tenth cause of action.” is corrected to read, “Defendants’ demurrer to Plaintiff’s third amended complaint (TAC) is SUSTAINED without leave to amend as to the fourth cause of action, SUSTAINED with 10 days leave to amend as to the sixth and seventh causes of action, and OVERRULED as to the tenth cause of action.”

The following phrase at page 5 of the minute order, “Although the Court has sustained the demurrer to the sixth and seventh causes of action without leave to amend”, is corrected to read, “Although the Court has sustained the demurrer to the sixth and seventh causes of action with leave to amend.”

The following sentence at page 7 of the minute order, “Based on the foregoing, Plaintiff has met its burden as to the first prong of the anti-SLAPP analysis as to paragraphs 126 and 157 of the TAC” is corrected to read, “Based on the foregoing, Defendants have met their burden as to the first prong of the anti-SLAPP analysis as to paragraphs 126 and 157 of the TAC.”

The following sentence at page 7 of the minute order, “Plaintiff has not presented evidence that allegations other than paragraphs 126 and 157 allege protected speech under the anti-SLAPP statute” is corrected to read, “Defendants have not presented evidence that allegations other than paragraphs 126 and 157 allege protected speech under the anti-SLAPP statute.”

2.    Motion to Compel Deposition (Oral or Written)

Plaintiff’s motion to compel depositions of Defendants Kevin G. May, Dean R. Kohn, Tammy Cook, Bryan Bauer, Frank Lunn, and F. Scott Rathbun is GRANTED.

Plaintiff served notices of deposition on 10/20/22 with a second set of deposition notices on 11/1/22. Defendants served objections on the grounds of unavailability. Defendants contend they haven’t refused to appear for deposition and have attempted to cooperate in scheduling their depositions. Counsel have engaged in some attempts to schedule the depositions, but only the depositions of Defendants Lunn and Rathburn have been scheduled.

The Court orders the depositions of Defendants Lunn and Rathburn to proceed as scheduled on 12/28/22 and 12/29/22, respectively.

The Court orders the parties to further meet and confer to schedule the depositions of Defendants May, Kohn, Cook, and Bauer before the hearing on this matter. If the parties are unable to schedule the depositions before the hearing, the Court will set dates for the depositions no later than 1/13/23 at the hearing.

The Court declines to award sanctions as to this motion because Plaintiff has not demonstrated that Defendants failed to appear for examination and both parties should have engaged in greater attempts to meet and confer to schedule the depositions. (Code Civ. Proc. § 2025.450(a) & (g)(1).)

Plaintiff is to give notice.