Judge: Lee S. Arian, Case: 23STCV10317, Date: 2025-03-03 Tentative Ruling

Case Number: 23STCV10317    Hearing Date: March 3, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

This case arises from an incident on July 15, 2024, when Plaintiff Carmen Melendez ("Plaintiff") attempted to board a Los Angeles County Metropolitan Transportation Authority ("LACMTA") bus at Vernon Avenue and Figueroa Street and was allegedly injured when the bus door struck her.

On December 18, 2024, Plaintiff's counsel initiated efforts to schedule the deposition of LACMTA’s Person Most Knowledgeable ("PMK") regarding: (1) the incident; (2) policies and procedures regarding passenger safety in effect at the time of the incident; and (3) surveillance video from the bus at the time of the incident. On January 3, 2025, Plaintiff noticed the PMK deposition for January 20, 2025. On January 15, 2025, LACMTA served objections, asserting that Plaintiff had unilaterally scheduled the deposition without securing a mutually agreeable date. On January 20, 2025, Plaintiff proceeded with the deposition and obtained a certificate of nonappearance when the deponent and defense counsel failed to appear.

Defendant does not oppose the motion on the merits and does not dispute that Plaintiff is entitled to take the deposition. Accordingly, the motion is granted, and Defendant is ordered to produce the PMK for deposition within 20 days of this order.

As to the issue of sanctions, Defendant argues that Plaintiff has not demonstrated that Defendant failed to sufficiently engage in the meet and confer process to warrant the imposition of sanctions. The court agrees. In the moving papers, Plaintiff provided only two emails sent on December 18, 2024, requesting deposition dates. No further documentation was submitted showing additional meet and confer efforts, particularly after Defendant served its objections on January 15, 2025, citing the unavailability of both the deponent and counsel. In reply, Plaintiff claims to have emailed Defendant numerous times over multiple weeks requesting availability, but no emails beyond the December 18, 2024, communication were provided to substantiate these efforts. Given the lack of evidence showing further meet and confer attempts, particularly after Defendant's objection citing unavailability, Plaintiff’s request for sanctions is 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.