Judge: Lisa R. Jaskol, Case: 22STCV19678, Date: 2024-03-25 Tentative Ruling

Case Number: 22STCV19678    Hearing Date: March 25, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On June 16, 2022, Plaintiff Catalina Alvarez (“Plaintiff”) filed this action against Defendants County of Los Angeles (“Defendant”) and Does 1-50 for negligence sounding in wrongful death, wrongful death sounding in negligent supervision, negligent hiring and retention sounding in wrongful death, negligent hiring and retention sounding in wrongful death, and negligence (breach of mandatory duty). 

On October 14, 2022, the Court sustained Defendant’s demurrer and granted Defendant’s motion to strike with leave to amend. 

On November 14, 2022, Plaintiff filed a first amended complaint against Defendant and Does 1-50 for negligence sounding in wrongful death and wrongful death sounding in negligent supervision. 

On February 14, 2023, Plaintiff filed a second amended complaint against Defendant and Does 1-50 for negligence sounding in wrongful death. 

On March 10, 2023, Defendant filed an answer. 

On February 1, 2024, Defendant filed a motion for an order permitting the depositions of George Almaraz-Flores and Jessica Grajeda in prison, to be heard on March 25, 2024.  Plaintiff has not filed an opposition. 

Trial is currently set for January 28, 2025. 

PARTY’S REQUESTS 

Defendant asks for leave to take the depositions of state prisoners George Almaraz-Flores (“Almaraz-Flores”) and Jessica Grajeda (“Grajeda”) within 70 days of the hearing on this motion via Zoom and/or in person. 

LEGAL STANDARD 

          Code of Civil Procedure section 1995 provides: 

“If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows: 

“1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court. 

“2. By a justice of the Supreme Court, or a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court, or before a judge or other person out of court.” 

(Code Civ. Proc., § 1995.) 

          Code of Civil Procedure section 1996 provides: 

“Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.” 

(Code Civ. Proc., § 1996.) 

          Penal Code section 2623 provides: 

“If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made. 

“1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court. 

“2. By a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court or before a judge or other person out of court. 

“Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. The deposition, when ordered, shall be taken in accordance with Section 2622.” 

(Pen. Code, § 2623.) 

DISCUSSION 

Defendant wishes to depose Almaraz-Flores, who is currently incarcerated at Wasco State Prison, and Grajeda, who is currently incarcerated at California State Prison, Chowchilla.  According to Defendant, Almaraz-Flores and Grajeda were convicted for their roles in the death a minor.  Defendant asserts that the testimony of Almaraz-Flores and Grajeda is relevant to Plaintiff’s contention that the Los Angeles County Department of Children and Family Services negligently failed to investigate and stop the minor’s abuse. 

The motion complies with the statutory requirements.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Defendant County of Los Angeles’s motion for leave to conduct the deposition of George Almaraz-Flores, a current prisoner at Wasco State Prison (WSP-COK).  The deposition will take place within 70 days of the Court’s ruling either virtually by Zoom and/or in person at California State Prison, Wasco, 701 Scofield Avenue, Wasco, CA 93280. 

The Court GRANTS Defendant County of Los Angeles’s motion for leave to conduct the deposition of Jessica Grajeda, a current prisoner at Central Women’s Correctional Facility (CCWF).  The deposition will take place within 70 days of the Court’s ruling either virtually by Zoom and/or in person at California State Prison, Chowchilla, 23370 Rd. 22, Chowchilla, CA 93610. 

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.