Judge Lee S. Arian, Case Number: 22STCV03517, Date: 2024-03-05 Tentative Ruling

On the incident date, Defendant Cervantes reported to the California Highway Patrol that he attempted to brake but couldn't avoid hitting Plaintiffs. He also told his employer, Defendant Long Beach Ice, Inc., that his foot slipped off the brakes, shortening the stopping distance. Defendant is currently incarcerated at Pleasant Valley State Prison in Coalinga California. He has been unable to respond to Plaintiffs’ discovery requests. Plaintiff attempted to depose Cervantes on January 11, 2024, but Defendant objected on the grounds that Defendant Cervantes is currently incarcerated with a current earliest possible release date of May 2030. Plaintiff brings the current motion to compel Defendant Cervantes’ deposition in order to investigate and ascertain material facts regarding the subject incident, which are essential to justifying Plaintiffs’ opposition to Defendant Fleet Lease Inc.'s Motion for Summary Judgment set for April 12, 2024.

“If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition . . . may be made . . . [b]y the court itself in which the action or special proceeding is pending, unless it be a small claims court, or “[b]y a justice of the Supreme Court, or a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court, or before a judge or other person out of court.” (Code Civ. Proc., § 1995; Penal Code, § 2623.) “Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.” (Penal Code, § 2623.)¿

ANALYSIS¿¿¿

Cervantes clearly qualifies as a “witness” with “material” testimony under applicable laws. (Code Civ. Proc., § 1995; Penal Code, § 2623.) As the main Defendant and the driver responsible for the alleged injuries and damages, Cervantes possesses unique and pertinent information, especially regarding the company car's brake system and how he used the brakes during the incident. Defendants did not file an opposition to the motion.

Thus, the present motion is GRANTED, allowing Plaintiffs to conduct a videotaped deposition of the incarcerated Defendant Cervantes per Penal Code sections 2622 and 2623.

PLEASE TAKE NOTICE:¿¿¿¿

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿¿¿¿¿

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿

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If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿¿¿¿¿

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