Judge: Lynne M. Hobbs, Case: 19STCV40330, Date: 2023-11-07 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

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. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV40330    Hearing Date: November 7, 2023    Dept: 30

ROBERTA BUONO vs DAMON SALTZBURG

Motion to Compel Plaintiff's Deposition

TENTATIVE

Defendant’s motion to compel the deposition of Plaintiff is CONTINUED to a date not to exceed 60 days.  Moving party to give notice.

DISCUSSION

After many continuances due to Plaintiff’s request, on July 11, 2023, Defendant served a notice of taking deposition set for August 11, 2023. (Desalernos Decl., Exh. C.) Plaintiff failed to appear and Defendant took a certificate of non-appearance. (Id., Exh. E.)

However, the motion does not contain a meet and confer declaration under CCP section¿2025.450(b) showing that Defendant contacted Plaintiff to inquire about the non-appearance. Defendant appears to rely on meet and confer efforts prior to the missed deposition, however the Court finds this insufficient as required by CCP section 2025.450(b)(2).

As such, the motion is CONTINUED. Defendant is ordered to submit evidence showing defense counsel inquired about the non-appearance. Plaintiff is encouraged to proceed with the deposition to avoid being compelled to appear by this Court and to avoid potentially being ordered to pay defense counsel’s fees and costs associated with bringing this motion to compel.

___________________

JA:

Proposed continuance date 01/09/2024