Judge: Jon R. Takasugi, Case: 21STCV38436, Date: 2023-05-24 Tentative Ruling

Case Number: 21STCV38436    Hearing Date: August 18, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to compel is MOOT.

On 10/19/2021, Plaintiffs Fiona John, Shelly Perks, Lisa Marquez, and Harold Hayes (collectively, Plaintiffs) filed suit against Methodist Hospital of Southern California (MHSC or Defendant), alleging:  (1) age discrimination; (2) retaliation in violation of Labor Code section 1102.5; (3) retaliation in violation of FEHA; (4) retaliation in violation of Health and Safety Code section 1278.5; (5) retaliation in violation of Labor Code section 4310; (6) failure to prevent discrimination and retaliation; (7) interference and retaliation in violation of the California Family Rights Act (CFRA); and (8) wrongful termination.

            On 5/19/2023, Plaintiffs filed a motion to compel the deposition of third-party witness Latonya Pettway, and requested sanctions.

            In an opposition filed 8/7/2023, Defendants, on behalf of Ms. Pettway, contend that the motion is moot is because she appeared for her deposition on the date requested by plaintiffs' counsel, August 3, 2023, and as confirmed on July 13, 2023. Defendants further request that no sanctions be awarded against Defendant counsel “…as Ms. Pettway was and is a third party, former employee of defendant, and as of February 17, 2023 defense counsel advised opposing counsel that defense counsel could not produce Ms. Pettway for deposition and there was no agreement in place that defense counsel would represent Ms. Pettway.” (Opp., 3: 13-16.)

            The Court agrees that the substance of this motion is now moot, given that Ms. Pettway has since appeared from deposition.

            Based on the foregoing, Plaintiffs’ motion to compel is moot.

It is so ordered.

Dated:  August    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.