Judge: Jon R. Takasugi, Case: 21STCV45586, Date: 2024-02-20 Tentative Ruling

Case Number: 21STCV45586    Hearing Date: February 20, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motions to compel deposition are GRANTED. Within 10 days of entry of this order, Plaintiffs Steve Rodriguez, Diego Rodriguez, and Andrew Rodriguez are to provide Defendants with three available dates for deposition.

Plaintiffs’ counsel is sanctioned $700.00 per motion, for a total of $2,100.00.  

            On 12/15/2021, Plaintiff Juan Rodriguez, Leticia Rodriguez, Diego Rodriguez, Steve Rodriguez and Andrew Rodriguez, minors, through their guardian ad litem Juan Rodriguez filed suit against Maricela Paz and Jose Paz, alleging: (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of implied warranty of habitability; (4) negligence per se; (5) negligence; (6) private nuisance; (7) violation of California Civil Code section 1942.4; (8) violation of California Civil Code section 1950.5; (9) premises liability; (10) fraud; (11) violation of Unfair Business Practices; (12) intentional infliction of emotional distress (IIED); and (13) constructive eviction.

            On 1/25/2024, Defendants Maricela and Jose Paz (collectively, Defendants) moved for an order to: (1) compel Plaintiff Steve Rodriguez to appear for deposition; (2) compel Diego Rodriguez to appear for deposition; and (3) compel Andrew Rodriguez to appear for deposition.

            The motions are unopposed.

Discussion 

            On 11/30/2023, Defendants noticed the depositions of Plaintiffs Steve Rodriguez, Diego Rodriguez, and Andrew Rodriguez.

On December 22, 2023, Plaintiffs objected to Defendants’ deposition notice based on the grounds that Plaintiff and counsel were unavailable but did not provide alternative dates for deposition. (Garcia Decl. at ¶4; Exh. B.) Plaintiffs also objected to the notices on the grounds that they are minors.

Plaintiffs did not oppose this motion, and are thus considered to have conceded to the merits of the motions. Plaintiffs did not set forth any argument that show good cause as to why Plaintiffs should not be deposed. Moreover, California Evidence Code Section 700 says, “Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.

            Based on the foregoing, Defendants’ motion to compel deposition are granted. Within 10 days of entry of this order, Plaintiffs are to provide Defendants with three available dates for deposition. Given that Plaintiffs are minors, the Court declines to sanction them directly. Rather, Plaintiffs’ counsel is sanctioned $700.00 per motion ($350/hr x 2 hr.)

It is so ordered.

Dated:  February    , 2024

   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.