Judge: Jon R. Takasugi, Case: 23STCV03132, Date: 2024-05-02 Tentative Ruling

Case Number: 23STCV03132    Hearing Date: May 2, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion to compel Defendant’s PMK’s deposition is GRANTED, as is their request that the deposition take place within 10 days of entry of this order. Defendant is sanctioned, jointly and severally with counsel, $1,750, payable with 30 days.

            On 2/14/2023, Plaintiff James Boyd, by and through Serena Jeffries, as Personal Representative of the Estate of James Boyd and Serena Jeffries, as Personal Representative of the Estate of James Boyd filed a petition against Pacifica Senior Living Santa Clarita, W Lyons LLC dba Pacifica Senior Living Santa Clarita, West Lyons LP dba Pacifica Senior Living Santa Clarita, Pacifica Senior Living Management, LLC, alleging: (1) elder abuse/neglect; (2) negligence/willful misconduct; and (3) wrongful death. 

            On 2/1/2024, Plaintiff James Boyd, by and through Serena Jeffries, as Personal Representative of the Estate of James Boyd (Plaintiff) moved for an order to compel the deposition of Defendant W Lyons LLC dba Pacifica Senior Living Santa Clarita’s (Defendant) Person(s) Most Knowledge (PMK).

            The motion is unopposed.

Legal Standard

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, employee or person designated by an organization that is a party…without having served a valid objection under section 2025.410 [regarding defects in deposition notice], fails to appear for examination, or to proceed with it…the party giving the notice may move for an order compelling the deponent's attendance and testimony...” C.C.P. § 2025.450(a).

Discussion

            On 12/18/2023, Plaintiff served Defendant with a Notice of Deposition of Defendant’s Person Most Knowledgeable (PMK) and Requests for Production. The deposition was noticed for January 12, 2024.

On 1/5/2024, Defendant served objections to the PMK deposition notice, contending that the deposition was unilaterally noticed.

On 1/8/2023, Plaintiff’s counsel addressed the objection with Defense counsel, writing:

Preliminarily, to address the general objection re deposition scheduling, we invite you and your client to provide this office with at least five (5) alternative dates for the deposition to occur no later than 1/31/24. Please provide the alternative deposition dates by 1/15/24. If you have any questions or concerns, please let me know. Thank you and I look forward to hearing back from you in this regard.

            (Vitug Decl., Exh 2.)

            Then on 1/9/2024, the parties met and conferred. Plaintiff again requested that deposition dates be provided by 1/15/2024. (Vitug Decl., Exhibit 3.)

            To date, Defendant’s counsel still has not provided available dates, despite that trial is set for August 2024.

            Defendant did not oppose this motion and not set forth any substantial justification for its conduct.

            Plaintiff’s motion to compel Defendant’s PMK’s deposition is granted, as is their request that the deposition take place within 10 days of entry of this order. Defendant is sanctioned, jointly and severally with counsel, $1,750.00 ($350/hr x 5.) 

It is so ordered.

Dated:  May    , 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.