Judge: John C. Gastelum, Case: 21-01225035, Date: 2023-01-05 Tentative Ruling

Motion for Protective Order

Plaintiff Griffin Burke (“Plaintiff”) moves for a protective order directing that the deposition of Plaintiff take place remotely.

Code of Civil Procedure section 2025.420 allows the court, for good cause shown, to make protective orders to protect a deponent from “unwarranted embarrassment, or oppression, or undue burden and expense,” including an order “[t]hat the deposition be taken only on certain specified terms and conditions.”

Plaintiff states in his declaration that he is a full-time student and is not currently working.  (Declaration of Griffin Burke, ¶ 8.)  His online program for a Master of Science in Cybersecurity began the first week of September 2022.  (Ibid.)  He is concerned about appearing for an eight-hour deposition in a small conference room where social distancing is impossible due to the new COVID-19 variant.  (Ibid.)  He states that if he became infected, he could not start his master’s program and Defense counsel’s refusal to allow him to appear remotely is harassing.  (Ibid.)

Plaintiff has not shown any good cause for the requested protective order.  He states he is concerned about appearing in a small conference room where social distancing is impossible.  But Defendant Kamryn Whitney Court Reporting (“Defendant”) has offered to take the deposition at Plaintiff’s home or to put social distancing procedures in place to ensure the safety of those in attendance.  Plaintiff has not shown that the deposition would actually take place in a small conference room where social distancing would be impossible. 

Further, Plaintiff feared contracting COVID-19 would prevent him from starting his master’s program.  However, as his declaration shows, the program started in September 2022, three months ago.  Thus, any concerns by Plaintiff that the deposition may prevent him from timely starting his master’s program is now moot.

Given the above, the Motion is DENIED.

Defendant requests monetary sanctions pursuant to Code of Civil Procedure section 2025.420 in the amount of $1,365.00.  The Court finds that imposition of a monetary sanction under these circumstances would be unjust.  Defendant’s request for monetary sanctions is DENIED.

Defendant to give notice.