Judge: Kevin C. Brazile, Case: 22STCV37637, Date: 2024-01-05 Tentative Ruling

Hearing Date: February 2, 2024

Case Name: Bruneta v. FBA International USA, Inc., et al.

Case No.: 22STCV13703

Matter: Motion to Compel

Moving Party: Plaintiff Alberto Bruneta

Responding Party: Defendants FBA International USA, Inc. and Fadi Ali

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Alberto Bruneta seeks to compel the depositions of Defendant Fadi Ali and the PMK of Defendant FBA International USA, Inc.

Defendants do not oppose a deposition in general.

The primary dispute seems to be about scheduling.  Specifically, Defendants reside in Australia, so there is a disagreement about what time the depositions should start and end.  Defendants contend that depositions should not start before 1 PM PST as that would equate to 8 AM in Australia.  Plaintiff contends this is unreasonable to the extent that Defendants also insist on the depositions terminating at 4 PM PST, which would require that the dispositions only take place in 3 hour intervals.  

It’s not clear that Defendants refuse to have the deposition continue past 4 PM PST.  Rather, in their Opposition, they state the depositions should go from 1 PM until 9 PM.  

There won’t be perfect symmetry on a matter such as this one.  But, the Court orders that the depositions start at 12 PM PST (or 7 AM in Australia) and that Plaintiff’s counsel can have an 8-hour session or else elect to terminate the deposition by 6 PM PST (or 1 PM in Australia).  The depositions will continue daily until they are completed.

The Court declines to award sanctions at this time.

The Motion to Compel is granted in part as set forth herein.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.