Judge: James L. Crandall, Case: 20-1156570, Date: 2022-07-21 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

Defendant/cross-complainant Avis Plumbing, Heating & Air Conditioning, Inc.’s (“Avis”) unopposed Motion to Compel the Deposition of plaintiff/cross-defendant Jhovany Gaytan is GRANTED.

Code of Civil Procedure section 2025.450 states, “(a) 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 under Section 2025.230, without having served a valid objection under Section 2025.410, 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. [¶] (b) “A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any documents, electronically stored information, or tangible thing described in the deposition notice. [¶] (2) The motion shall be accompanied by a meet and confer declaration . . . .”

On March 9, 2022, Avis served a Notice of Deposition (the “Notice”) for the deposition of Gaytan noticing Gayton’s deposition for March 25, 2022. (Phillips Decl., ¶ 6, Ex. A.)

On March 21, 2022, counsel for Avis called Gaytan to confirm his attendance at his deposition but Gaytan stated that he was not sure and would contact counsel the next day to confirm. (Phillips Decl., ¶ 7, Ex. B.)

Counsel for Avis sent Gaytan an e-mail on March 22, 2022, to confirm his appearance for his deposition for March 25, 2022. (Phillips Decl., ¶ 7, Ex. B.)

Gaytan responded that he would not be appearing for his deposition. (Phillips Decl., ¶ 8, Ex. C.)

As to the meet and confer requirement, Avis has shown that on March 23, 2022, counsel for Avis attempted to meet and confer with Gaytan to obtain an alternative date for his deposition. Specifically, counsel for Avis sent Gaytan an e-mail and asked him for alternative dates for his deposition, however, as of the filing of this Motion, Gaytan has not provided alternative dates for his deposition or otherwise responded to counsel’s e-mail. (Phillips Decl., ¶ 9, Ex. D.)

The court orders Gaytan to appear for his deposition within 14 days of the date of service of the notice of the court’s order. The parties are to agree on the date, time, and place for the deposition.

The court orders Gayton to pay sanctions in the amount of $500 to Avis within 30 days of the date of service of the notice of the court’s order. (Code Civ. Proc., § 2025.450, subd. (g)(1).)

Avis to give notice.

Future hearing dates

7/29/22 – MSC

8/29/22 – Jury Trial