Judge: Lee S. Arian, Case: 23STCV08263, Date: 2024-05-07 Tentative Ruling

Case Number: 23STCV08263    Hearing Date: May 7, 2024    Dept: 27

HON. LEE S. ARIAN

DEPARTMENT 27

TENTATIVE RULING

Hearing Date:           5/7/2024 at 1:30 p.m.

Case No./Name:       23STCV08263 TERESA GUZZARDO, et al. vs JIFFY LUBE INTERNATIONA

Motion:                    MOTION FOR LEAVE TO TAKE DEPOSITION OF PRISONER SYMONE GALLEGOS

Moving Party:           Defendants

Responding Party:    Unopposed

Notice:                      Sufficient

Ruling:                    MOTION FOR LEAVE TO TAKE DEPOSITION OF PRISONER SYMONE GALLEGOS IS GRANTED

Background

On April 13, 2023, Plaintiffs filed the current case against Defendants Jiffy Lube International, Inc. and Alamitos Enterprises, LLC alleging that Symone Gallegos, an employee of Defendant XXX, was drinking and driving within the scope of her employment when she crashed into the plaintiffs, resulting in the death of one passenger. Defendants now moves the court for leave to depose Symone Gallegos to prepare their defense that she was not acting within the scope of her employment at the time of the incident. No opposition to this motion has been filed.

Legal Standard and Analysis

Pursuant to Code of Civil Procedure section 1995, “[i]f the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows:

1.  By the court itself in which the action or special proceeding is pending, unless it be a small claims court.

2.  By 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.” (CCP § 1995.)

“Code of Civil Procedure section 1996 provides that a court may order the deposition of a prisoner upon a motion supported by an ‘affidavit showing ... the testimony expected from the witness, and its materiality.’ (Code Civ. Proc., § 1996.)” (Cadiz Land Co., Inc. v. Rail Cycle, L.P. (2000) 83 Cal.App.4th 74, 121.)

Defendants have filed an affidavit indicating their intention to elicit testimony regarding Prisoner Symone Gallegos' alcohol consumption and whether she was acting within the scope of employment at the time of the accident to prepare their defense. This information is material and Defendants have met all statutory requirements to compel a deposition. Consequently, the present motion is GRANTED and Symone Gallegos is ordered to sit for Defendants’ deposition within 30 days of today.

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 (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

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.