Judge: Lee S. Arian, Case: 23STCV29803, Date: 2025-05-19 Tentative Ruling

Case Number: 23STCV29803    Hearing Date: May 19, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

This is a premises liability action arising from a slip and fall incident that allegedly occurred on February 6, 2022, at an El Super grocery store located at 310 E. Florence Avenue in Los Angeles, operated by Defendant Chedraui USA, Inc.

Plaintiff alleges that Defendant Chedraui USA’s employee, Arnulfo Ponce, was present at the location moments before and during the incident and therefore has knowledge of the condition that allegedly caused the fall.

Since August 2024, Plaintiff has repeatedly noticed the deposition of Arnulfo Ponce for the following dates: September 12, 2024, December 3, 2024, February 18, 2025, and March 26, 2025. Each time, at Defendant’s request, Plaintiff agreed to take the deposition off calendar. Defendant did not object to the most recent notice for March 26, 2025, but on March 25, 2025, just one day before the scheduled deposition, Defendant’s counsel asked again to remove it from calendar. To date, Defendant has failed to provide any alternative deposition dates. Plaintiff now moves to compel the deposition of Arnulfo Ponce.

Plaintiff has satisfied the requirements to compel a deposition under Code of Civil Procedure section 2025.450. Defendant did not object to the March 26, 2025 deposition notice and failed to proceed with the deposition by requesting that it be taken off calendar just one day before the scheduled date. Following the cancelation, Plaintiff requested alternative dates, but Defendant failed to respond.

Defendant argues in opposition that Plaintiff failed to meet and confer before bringing this motion. However, under Code of Civil Procedure section 2025.450(b)(2), there is no requirement to meet and confer before filing a motion to compel a deposition when defendant did not file an objection. Plaintiff fully complied with the statutory requirement by requesting alternative availability for Arnulfo Ponce after the March 26, 2025 deposition was taken off calendar at Defendant’s request. As of the date the motion was filed, Defendant had failed to provide any dates.

Defendant cites its conduct in offering deposition dates for Mr. Ponce for the week of May 9. However, Defendant did not provide any availability until May 6, 2025, only after this motion was filed on April 16, 2025. Plaintiff was therefore justified in bringing the motion and should be compensated for the time and expense incurred. Accordingly, monetary sanctions in the reduced amount of $2,000 are imposed against Defendant and its attorney of record, jointly and severally, payable to Plaintiff within 20 days of today. Ponce is ordered to sit for his deposition within 20 days of today.

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.