Judge: Lee S. Arian, Case: 23STCV09292, Date: 2025-03-20 Tentative Ruling

Case Number: 23STCV09292    Hearing Date: March 20, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ROSA ESTRADA,

            Plaintiff,

            vs.

 

LOS ANGELES COUNTY TRANSPORTATION AUTHORITY, et al.

 

            Defendants.

 

 

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    CASE NO.: 23STCV09292

 

[TENTATIVE RULING]

MOTION TO COMPEL DEPOSITION IS MOOT

SANCTIONS ARE DENIED

 

Dept. 27

1:30 p.m.

March 20, 2025

On January 22, 2025, Plaintiff served Defendant Los Angeles County Metropolitan Transportation Authority with a Notice of Deposition for 21 categories. Plaintiff alleges that Defendant failed to serve a timely objection and failed to appear for the deposition scheduled for February 11, 2025. Plaintiff now moves the Court to compel Defendant to produce its Person Most Knowledgeable (PMK) regarding categories No(s) (1) and (5) to (21).

Defendant opposes the motion, asserting that the deposition already took place on March 3, 2025, covering the disputed categories. Plaintiff did not file a reply contesting this assertion. Accordingly, it appears that the motion is moot.

Under Code Civ. Proc., § 2025.450, a motion to compel is proper when a party fails to serve a valid objection and fails to appear for a properly noticed deposition. However, Defendant has provided evidence that its objection was served on February 4, 2025, not February 10, 2025, as alleged by Plaintiff, making the objection timely. Because the objection was valid and timely, Plaintiff’s motion to compel would have been denied. Accordingly, Plaintiff’s request for sanctions is denied.

Nonetheless, Defendant only produced its PMK after Plaintiff filed the motion, which suggests that Defendant did so only in response to the motion. Accordingly, Defendant’s request for sanctions is also denied.

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.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court