Judge: Kerry Bensinger, Case: 24STCP01022, Date: 2024-12-05 Tentative Ruling

Case Number: 24STCP01022    Hearing Date: December 5, 2024    Dept: 31

Tentative Order

Judge Kerry Bensinger, Department 31

HEARING DATE:      December 5, 2024                                        TRIAL DATE:  Not set

CASE:                         Wayfair LLC v. Jebel Juan, et al.

CASE NO.:                 24STCP01022

MOTION TO COMPEL DEPOSITION TESTIMONY AND PRODUCTION FROM RESPONDENTS

MOVING PARTY:               Petitioner Wayfair LLC

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

            On April 2, 2024, petitioner Wayfair LLC (Wayfair or Petitioner) filed a Petition and Memorandum to Enforce Deposition Subpoena Pursuant to Code of Civil Procedure § 2029.600 against respondents, Jebel Juan a/k/a Jabel Juan a/k/a Michael Juan (Juan) and Leon Cao (Cao) (collectively, Respondents).  Wayfair is an international furniture and home goods retailer.  In the underlying litigation, Wayfair alleges that certain of Wayfair’s suppliers—Rosevera Corporation, Mulhouse Furniture Corp f/k/a Alton Furniture Group, and Fully Wind Co.—along with agents of those suppliers, Ping Hua Hsu (Hsu) and Tzu Ju Huang (Huang)—engaged in multiple schemes to defraud Wayfair.  Wayfair first learned of these fraudulent schemes through Juan.  Cao is a former employee of one of the defendant corporations and, on information and belief, was Hsu’s former business partner.

            On October 11, 2024, Petitioner filed this Motion to Compel Deposition Testimony and Production of Documents from Respondents.  Petitioner does not seek sanctions.

            The motion is unopposed.

II.        LEGAL STANDARDS

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

            Petitioner seeks an order compelling Respondents to appear for deposition and to produce documents responsive to the deposition notices.  It is undisputed Respondents were properly served subpoenas compelling their appearances at depositions.   (See Wheat Decl., ¶¶ 2-3, Exs. A, B.)  Juan’s deposition was scheduled for February 12, 2024.  Mr. Cao’s deposition was scheduled for March 21, 2024.  Neither appeared for deposition.  Their non-appearances were recorded by court reporter.  (Wheat Decl. ¶¶ 4-5, Exs. C, D.)

            Given that Plaintiff has not opposed the motion, the court finds good cause to compel Respondents to appear for deposition and to produce the requested documents. 

IV.       CONCLUSION 

            The unopposed motion is GRANTED.  Respondents Jebel Juan a/k/a Jabel Juan a/k/a Michael Juan and Leon Cao are ordered to appear for deposition prior to March 5, 2025, and to produce documents responsive to the deposition notice.

Moving party to give notice, unless waived. 

Dated:   December 5, 2024