Judge: Lee S. Arian, Case: 23STCV00651, Date: 2024-07-26 Tentative Ruling

Case Number: 23STCV00651    Hearing Date: July 26, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO COMPEL DEPOSITION

Hearing Date: 7/26/24 

CASE NO./NAME: 23STCV00651 LUIS FERNANDO CARDENAS vs LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Moving Party: Defendant LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY 

Responding Party: Plaintiff 

Notice: Sufficient 

Ruling: THE COURT WILL HEAR FROM THE PARTIES

On January 25, 2024, Defendant MTA served a deposition notice to take Plaintiff's deposition on March 12, 2024. On the same day, Plaintiff stated that he is not available on the scheduled date and offered five alternative dates in April or May. Defendant then amended its deposition notice and scheduled Plaintiff's deposition for April 25, 2024. On April 22, 2024, Plaintiff's attorney served a written objection to the deposition, stating that Plaintiff would meet and confer to select a mutually agreeable date and time for the deposition. Plaintiff's attorney also communicated that Plaintiff was undergoing chemotherapy and could attend a deposition once his treatment was completed. On May 6, Defendant inquired when Plaintiff would be available for his deposition, to which Plaintiff’s counsel responded that he did not know. Defendant now moves the Court to compel Plaintiff’s deposition.

On July 15, 2024, Plaintiff’s attorney filed a declaration stating that Plaintiff’s last chemotherapy session was tentatively scheduled for July 22, 2024. If Plaintiff’s treatment continues into August or September, Plaintiff is agreeable to continue the trial so that Defendant can take the deposition of Plaintiff. If the Court is inclined to order the deposition of Plaintiff, Plaintiff requests that the deposition be taken some time after Plaintiff has completed his chemotherapy treatment, which is yet to be ascertained.

Plaintiff’s request to take his deposition after he completes chemotherapy is understandable, but at the same time, Plaintiff filed the present case and Defendant is entitled to Plaintiff’s deposition for its defense. Plaintiff’s chemotherapy, tentatively scheduled to end July 22, 2024, should have been completed by now. The Court will hear from the parties on the status of the chemotherapy and if further chemotherapy sessions are required for Plaintiff and will work with the parties to set appropriate dates.