Judge: Lisa R. Jaskol, Case: 21STCV13224, Date: 2024-01-30 Tentative Ruling

Case Number: 21STCV13224    Hearing Date: February 14, 2024    Dept: 28

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND 

On April 7, 2021, Plaintiff Yolanda Aguilar Murillo (“Plaintiff”) filed this action against Defendants Califa Investment LLC (“Califa”) and Does 1-50 for general negligence and premises liability. 

On October 4, 2022, Califa filed a cross-complaint against Cross-Defendants Moore Family Trust, f/k/a Moore & Ellestad GST, LLC (“Trust”) and Roes 1-20 for total indemnity, declaratory relief – implied partial indemnity, and express indemnity. On January 6, 2023, Trust filed an answer. On June 7, 2023, the Court struck the express indemnity claim against Trust from Califa’s cross-complaint based on a stipulation by Califa and Trust. 

On November 1, 2023, Plaintiff amended the complaint to include Defendant Trust as Doe 1.  On December 4, 2023, Trust filed an answer and a cross-complaint against Cross-Defendants Califa and Moes 1-20 for implied equitable indemnity, comparative contribution, and declaratory relief. 

On January 19, 2024, Trust filed a motion to compel the deposition of Alon Varsha (“Varsha”) to be heard on February 14, 2024.  On January 31, 2024, Califa filed an opposition.  On February 5, 2024, Trust filed a reply. 

Trial is currently scheduled for August 21, 2024. 

PARTIES’ REQUESTS 

Trust asks the Court to compel Varsha to appear for a deposition. 

Califa asks the Court to deny the motion. 

DISCUSSION 

On January 30, 2024, the Court granted Califa's request for a protective order and ruled that Trust may take Varsha’s deposition subject to certain terms and conditions.  The Court limited the deposition to Varsha’s knowledge of the purchase and installation of the gate at the premises. 

Trust has moved to compel Varsha’s deposition.  In opposition, Califa asserts that Trust’s motion to compel Varsha’s deposition is premature because Trust has not yet served a deposition notice on Varsha that complies with the Court’s January 30, 2024 order and Califa has not refused to produce Varsha for a deposition. 

Trust responds that it served an amended deposition notice on Varsha on January 31, 2024, setting the deposition for February 12, 2024.  The parties have not informed the Court if the deposition took place. 

The Court continues the hearing and orders the parties to meet and confer on setting a date and time for Varsha’s deposition if it has not yet taken place.  The parties will file supplemental declarations if Varsha’s deposition does not take place before the continued hearing date explaining the reasons for the delay and the parties’ efforts to schedule the deposition.  If the deposition takes place before the continued hearing date, Trust is ordered to take the matter off calendar. 

CONCLUSION 

The Court CONTINUES Cross-Defendant Moore Family Trust, f/k/a Moore & Ellestad GST, LLC’s motion to compel Alon Varsha’s deposition to April 9, 2024, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.  If Alon Varsha’s deposition has not taken place by April 5, 2024, the parties are ordered to file declarations explaining the delay and their efforts to schedule the deposition.  If the deposition takes place before April 9, 2024, Cross-Defendant Moore Family Trust, f/k/a Moore & Ellestad GST, LLC is ordered to take the April 9, 2024 hearing off calendar. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.