TENTATIVE RULING

Plaintiff Lilia Joy Jackson’s Motion to Compel Deposition and Extend Discovery Cutoff Deadline is DENIED without prejudice.

Plaintiff Lilia Joy Jackson to give notice. 

REASONING

Plaintiff Lilia Joy Jackson (“Plaintiff”) moves the Court for an order to compel the deposition of Defendant Michael Shair Kamrany (“Defendant”) and his wife Fahin Kamrany on the ground that Defendant testified in his deposition that he did not know anything due to a medical impairment and that his wife knows everything and has all the documents, Defendant’s wife’s deposition was scheduled, but she refused to appear due to a dental procedure the week before, and defense counsel refused to stipulate to extend the discovery cutoff.

“Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Where the witness whose deposition is sought is not a party, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (a).) If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., § 2025.480, subds. (a)-(b).) Where the deposition subpoena requires a witness to appear for the taking of a deposition, the Court may make an order directing compliance with the subpoena. (Code Civ. Proc., § 1987.1, subd. (a).) 

First, it is not clear that proper notice of this motion was given, as Plaintiff stated that the motion was to be heard in Department K rather than Department N. Second, even if the motion had been properly noticed, Code of Civil Procedure sections 2025.450 and 2025.480 both require a meet and confer declaration with the motion. Plaintiff states that defense counsel informed Plaintiff’s counsel that Fahin Kamrany could not appear on the scheduled date due to a medical procedure, but Plaintiff’s counsel shows no efforts to reschedule the deposition. As to Defendant Michael Shair Kamrany, the nature of the refusal to answer questions and attempts to reschedule the deposition or resolve the issues identified in the motion are not clear. Because the statutes require meet and confer efforts before moving as Plaintiff is moving here, Plaintiff Lilia Joy Jackson’s Motion to Compel Deposition and Extend Discovery Cutoff Deadline is DENIED without prejudice.