Judge: Lee S. Arian, Case: 21STCV34093, Date: 2025-05-21 Tentative Ruling

Case Number: 21STCV34093    Hearing Date: May 21, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

In March 2025, the parties met and conferred regarding a deposition date for Defendant Marco Antonio Murillo. Defense counsel provided April 22, 2025 as a “good date”. On March 31, 2025, Plaintiff’s counsel served defense counsel with the Notice of Deposition of Defendant Marco Antonio Murillo, set for April 22, 2025. Defendant did not serve any objections. On April 16, 2025, defense counsel confirmed that the deposition would be going forward as scheduled. However, on the morning of April 22, 2025, defense counsel informed Plaintiff’s counsel that Defendant would likely not be appearing. Defendant ultimately did not appear, and Plaintiff took a certificate of nonappearance. The parties met and conferred following the missed deposition, and defense counsel advised that he has not been able to locate Defendant Murillo. Plaintiff now moves to compel Defendant’s deposition.

Legal Standard 

Any party may obtain any discovery of information, documents, land, property, or electronically stored information so long as the discoverable matter is not privileged, is relevant to the subject matter and can lead one to admissible evidence.¿(Code Civ. Proc. § 2017.010.)¿¿¿¿¿ 

Code Civ. Proc., § 2025.450¿provides in pertinent part the following:

“(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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.¿¿¿¿¿ 

Discussion

Plaintiff has met the requirements to compel Defendant’s deposition under Code Civ. Proc., § 2025.450¿provides. Defendant did not file any objections and failed to appear at the duly noticed deposition. Plaintiff also followed up with defense counsel regarding Defendant’s nonappearance after the missed deposition. Accordingly, Defendant is ordered to appear for his deposition within 30 days of today’s order.

The notice of deposition includes a demand for production of documents. Defendant correctly points out that Plaintiff’s moving papers fail to establish good cause for the production of documents, as required by Code of Civil Procedure section 2025.450, subdivision (b)(1). There is no discussion or showing of good cause in the motion. Accordingly, the Court declines to compel Defendant to produce documents but urges the parties to meet and confer in good faith to resolve any document-related issues without court intervention.

Defendant argues that counsel has been unable to contact Defendant and that a motion for leave to intervene by Defendant’s insurer is currently pending. However, the pending motion does not relieve Defendant of his discovery obligations. Defendant remains subject to the Code of Civil Procedure, including the obligation to appear for his deposition.

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’s 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.