Judge: John C. Gastelum, Case: 20-01162723, Date: 2023-08-09 Tentative Ruling

Motion to Compel Deposition (Oral or Written)  

Tentative Ruling:  Defendant Skyjack, Inc. (“Defendant”) moves to compel Plaintiff Luis Munoz (“Plaintiff”) to provide responses to eight deposition questions relating to Plaintiff’s Penal Code section 288(a) charges to which Plaintiff pled nolo contendere. 

The Motion is DENIED without prejudice pursuant to Plaintiff’s Fifth Amendment privilege. 

The court finds that answering the questions at issue may subject Plaintiff to federal prosecution under (at the very least) 18 U.S.C. §§ 2252, 2252A, and 2422, and he is entitled to his Fifth Amendment privilege. 

As Plaintiff correctly points out, telephone exchanges and text messages are encompassed in the definition of the phrase “any facility or means of interstate ... commerce.”  (U.S. v. Giordano (2d Cir. 2006) 442 F.3d 30, 39.)  This phrase is used in each of the statutes which Plaintiff points out he may be subject to.  (18 U.S.C. §§ 2252, 2252A, and 2422.)  Thus, federal prosecutors may obtain jurisdiction over the exchange between Plaintiff and the minor and Plaintiff is entitled to his Fifth Amendment protections.

Plaintiff to give notice.