Judge: Laura A. Seigle, Case: 23STCV16172, Date: 2023-10-12 Tentative Ruling

Case Number: 23STCV16172    Hearing Date: October 12, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTION TO QUASH DEPOSITION

            Defendant American International Industries filed a motion to quash the deposition notice of Plaintiff Lawrence Cossid because not all of the defendants have appeared in the case.

            Code of Civil Procedure section 2025.210, subdivision (b) states, “The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant.” 

Plaintiff served a notice of deposition of Lawrence Cossid on August 22, 2023.  That date was not 20 days after service of the summons on the defendants.  The defendants were served with the summons on the following dates:  (1) American International Industries on August 3, 2023; (2) Beatrice Companies, Inc. on August 4, 2023; (3) Conagra Brands, Inc. on August 3, 2023; (4) Conagra Grocery Products Company LLC on August 3, 2023; (5) Conagra Grocery, Inc. (no proof of service filed); (6) Dorsett & Jackson, Inc. on August 3, 2023; (7) Duravent, Inc. on August 3, 2023; (8) Eljer Plumbingware, Inc. on August 8, 2023;(9) Glo-Fire, Inc. (no proof of service filed); (10) John K. Bice on August 3, 2023; (11) Rasmussen Iron Works, Inc. on August 4, 2023; (12) R.H. Peterson Co. on August 4, 2023; (13) Selkirk Corporation on August 3, 2023; and (14) Wonder Flame, Inc. on September 18, 2023.  Thus Plaintiff did not serve any defendant with the summons 20 days before August 22, 2023 (i.e., on August 2, 2023).  Plaintiff’s notice of deposition was served too soon.

            At this point, it is more than 20 days after the last defendant was served with the complaint and summons on September 18, 2023.  The parties are to meet and confer on a deposition date for Lawrence Cossid.  If they cannot agree on a date, Plaintiff is to immediately file a motion to compel the deposition.  If Plaintiff does not serve the complaint and summons on Glo-Fire, Inc. and Conagra Grocery Inc. sufficiently before the deposition, Plaintiff will be subject to a second deposition taken by those defendants.

            The motion to quash is GRANTED in part and DENIED in part.

            The moving party is to give notice.