Judge: Lee S. Arian, Case: 22STCV30174, Date: 2024-07-15 Tentative Ruling

Case Number: 22STCV30174    Hearing Date: July 15, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO COMPEL DEPOSITION 

Hearing Date: 7/15/24 

CASE NO./NAME: 22STCV30174 YELENA MELOYAN vs ALBERTSONS COMPANIES, INC.

Moving Party: Plaintiff 

Responding Party: Defendant Albertsons

Notice: Sufficient 

Ruling: THE COURT WILL HEAR FROM THE PARTIES

On December 21, 2023, Plaintiff sent the initial deposition notice for Defendant Albertson’s following employees:

1.  Michelle Rivera

2.  Crystabelle Cuevas

3.  Trinidad Schema

4.  Yesenia Martinez

5.  Elmer Delosange

6.  Natalie Vanderham.

On January 2, 2024, Defendant served two objections, citing that the employees’ depositions were unilaterally noticed, and ultimately refused to produce the aforementioned employees to testify at deposition until after the deposition of Plaintiff’s witness, Emily Meloyan, was taken. From January to February 2024, Plaintiff’s counsel sent emails requesting the employees’ depositions to no effect. On February 27, 2024, Plaintiff moved the Court to compel the employees’ depositions.

Defendant Albertsons filed an opposition stating that the depositions of Michelle Rivera and Elmer Delosange had already been completed. The depositions of Trinidad Schema and Yesenia Martinez were scheduled to proceed on May 28, 2024, and May 31, 2024, respectively. The deposition of Natalie Vanderham was scheduled to proceed on May 7, 2024, but was canceled last minute by Ms. Vanderham for reasons unknown to defense counsel. Crystabelle Cuevas is no longer employed by Albertsons and, therefore, cannot be produced for deposition by Albertsons. Nonetheless, Plaintiff has been provided with Ms. Cuevas’s last known contact information.

Defendant does not oppose the motion on its merits and concedes that there is good cause for the depositions. Pursuant to that, Defendant has attempted to arrange the employees’ depositions. Defendant contends that the depositions of Michelle Rivera and Elmer Delosange have been taken. Crystabelle Cuevas is no longer employed by Albertsons and should be deposed through a subpoena. Only the depositions of Trinidad Schema, Yesenia Martinez, and Natalie Vanderham remain outstanding, but they were allegedly to be completed prior to the motion being heard. Plaintiff did not file a reply or any other supplemental declaration as to the status of the outstanding depositions. The Court will hear from the parties on whether the depositions of these three individuals have been taken.

Plaintiff requests monetary sanctions; the Court will address that issue when hearing from the parties but it appears that Defendant has acted with substantial justification as it noticed Plaintiff’s daughter’s deposition first in November 2023 and produced the employees’ depositions soon after Plaintiff's daughter’s deposition was taken.