Judge: Kerry Bensinger, Case: 21STCV24748, Date: 2023-09-20 Tentative Ruling

Case Number: 21STCV24748    Hearing Date: October 17, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 17, 2023                                         TRIAL DATE:  December 22, 2023

CASE:                                Ivan Mendez v. Tessa Nicole Vaughn

CASE NO.:                 21STCV24748

MOTION TO COMPEL PLAINTIFF IVAN MENDEZ’S DEPOSITION

MOVING PARTY:               Defendant Tessa Nicole Vaughn

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On July 28, 2023, Defendant, Tessa Vaughn, filed this motion to compel Plaintiff, Ivan Mendez, to appear for deposition.  Defendant does not seek sanctions.¿ Plaintiff is self-represented.

            The motion is unopposed.[1] 

II.        LEGAL STANDARD TO COMPEL DEPOSITION 

            Any party may obtain discovery by taking in California the oral deposition of any person.¿ (Code Civ. Proc., § 2025.010.)¿ “If, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”¿ (Code Civ. Proc., § 2025.450, subd. (a).)¿¿¿ 

III.      DISCUSSION

On June 16, 2023, Defendant noticed Plaintiff’s deposition for July 27, 2023.  Plaintiff did not appear and Defendant took Plaintiff’s non-appearance.  (See Kahen Decl.) 

Defendant properly noticed Plaintiff’s deposition and Plaintiff did not to appear.  Accordingly, Defendant is entitled to an order compelling Plaintiff’s appearance at deposition.¿ 

IV.       CONCLUSION 

The motion is granted.  Plaintiff Ivan Mendez is ordered to appear for deposition within 30 days of this order.

Moving party to give notice. 

Dated:   October 17, 2023                                         ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.