Judge: Laura A. Seigle, Case: 22STCV35923, Date: 2024-03-20 Tentative Ruling

Case Number: 22STCV35923    Hearing Date: March 20, 2024    Dept: 15

[TENTATIVE] ORDER RE MOTION TO COMPEL DEPOSITION

            Defendant Bird, Inc. filed a motion to compel the deposition of third party Bobby Brown.  Defendant says Plaintiffs served a deposition subpoena on Bobby Brown and at the deposition asked him questions.  At the end of Plaintiffs’ questions, Defendant stated it was invoking a provision of the July 8, 2022 CMO that, “Unless stipulated otherwise by all parties or ordered by the Court upon a showing of good cause, if Plaintiff’s attorney conducts the deposition examination first (direct examination), Defendants may elect to commence their examination either immediately after the conclusion of Plaintiff’s direct examination or within 5 Court days after the conclusion of Plaintiff’s direct examination.”  (July 8, 2022 CMO, Appendix B-6.)  Defendant said it would commence its examination within five court days.  According to Defendant, Plaintiffs did not allow the break, and the deposition ended for the day.  Defendant then filed this motion to compel the continuance of the deposition.

            Plaintiffs argue that the five-day provision does not apply to non-party witnesses and only applies to elderly and dying plaintiffs.  (Opposition at p. 4.)  However, nothing in the July 8, 2022 CMO states that the five-day provision only applies to elderly and dying plaintiffs.  It would be unfair to allow Plaintiffs to examine the witness and then prevent the defendants from their chance to examine the witness based on an interpretation of the July 8 2022 CMO that is not supported by the language of the CMO.

            Plaintiffs argue that Defendant did not subpoena the witness and did not serve him with a copy of the motion to compel.  That is easily solved.  Defendant can serve a new subpoena on the witness and set a new date for the continuation of the deposition. 

            Plaintiffs argue that the witness should not have to take another day off of work.  If the witness cannot take time off of work, the deposition can take place in the evening or on a weekend or another non-work day for the witness.

            The motion is granted to the extent that Defendant is permitted to subpoena the witness for a deposition so that the defendants can question him. 

            The moving party is to give notice.