Judge: John J. Kralik, Case: 23BBCV00029, Date: 2023-06-30 Tentative Ruling

Case Number: 23BBCV00029    Hearing Date: December 22, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Leonel Perfecto (“Plaintiff”) alleges that on December 11, 2022, he was involved in a motor vehicle accident with Defendant Elliot Gilligan (“Defendant”).  Plaintiff alleges that he was clipped in the rear end of his vehicle by an unknown vehicle that fled the scene.  He alleges that due to weather conditions, he hydroplaned into the last lane and regained control of his vehicle.  Plaintiff alleges that as he traveled in the last lane, Plaintiff’s vehicle was rear-ended by Defendant’s vehicle. 

The complaint, filed January 6, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence.

B.     Motion on Calendar

On September 8, 2023, Defendant filed a motion to compel Plaintiff’s deposition. 

The Court is not in receipt of an opposition brief.  The Court notes that it granted Plaintiff’s prior counsel’s motion to withdraw as counsel on June 30, 2023.

DISCUSSION

            Defendant moves to compel Plaintiff to attend his deposition. 

Defendant states that in light of Plaintiff’s prior counsel withdrawing, Defendant noticed Plaintiff’s deposition directly to Plaintiff for July 10, 2023.  (Mot., Ex. A.)  Defendant states that Plaintiff did not appear for his deposition on July 10, 2023 such that a Deposition of Nonappearance was taken against Plaintiff.  (Mot., Ex. B.)  On July 20, 2023, defense counsel served Plaintiff with a meet and confer letter requesting dates to conduct Plaintiff’s deposition, but Plaintiff has not responded.  (Mot., Ex. C.) 

            As Plaintiff did not attend his properly noticed deposition, the motion to compel Plaintiff’s deposition is granted.  The motion is also unopposed. 

            No sanctions were requested.

CONCLUSION AND ORDER

            Defendant’s motion to compel Plaintiff’s deposition is granted.  Defendant is ordered to meet and confer with Plaintiff to ascertain a mutually agreeable deposition date that is within 30 days within this order.  If Defendant’s attempts to meet and confer are unsuccessful, Defendant may unilaterally notice Plaintiff’s deposition.

Defendant shall provide notice of this order.

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DATED: December 22, 2023                                                 ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court