Judge: Kerry Bensinger, Case: 19STCV41365, Date: 2023-01-20 Tentative Ruling

Case Number: 19STCV41365    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On November 18, 2019, Plaintiffs Richard Fei and Alice Fei (“Plaintiffs”) filed this action against Defendants Ann Chan (“Chan”) and Hung Vi Truong (“Truong”) (collectively “Defendants”), for damages arising from a motor vehicle accident. The Complaint asserts causes of action for motor vehicle and general negligence.

          On December 8, 2022, Plaintiffs filed a motion compelling Defendant Chan to appear for deposition.

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.  (Code Civ. Proc., § 2025.010.)  A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.  (Code Civ. Proc., § 2025.280, subd. (a).)

The party served with a deposition notice waives any error or irregularity unless that party promptly serves a written objection at least three calendar days prior to the date for which the deposition is scheduled.  (Code Civ. Proc., § 2025.410, subd. (a).)  In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice.  (Code Civ. Proc., § 2025.410, subd. (c).)

“If, after service of a deposition notice, a party . . . without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.”  (Code Civ. Proc., § 2025.450, subd. (a).)

“The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition…by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b).)

Plaintiffs have not included the appropriate meet and confer declaration, nor have Plaintiffs included in the declaration that Plaintiff’s counsel has contacted Defendant Chan’s counsel to inquire about the nonappearance. Because Plaintiffs have failed to comply with this procedural requirement, the motion to compel deposition and for monetary sanctions is DENIED without prejudice.

 Moving party to give notice.

 Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 20^th day of January 2023