Judge: Lynne M. Hobbs, Case: 20STCV30188, Date: 2024-03-14 Tentative Ruling

Case Number: 20STCV30188    Hearing Date: March 14, 2024    Dept: 30

ALEJANDRO GARCIA DURAN, et al. vs PACIFIC TRUCK & AUTO TOWING, INC., A CALIFORNIA CORPORATION, et al.

TENTATIVE

Defendants Pacific Truck & Auto Towing, Inc., and Bryan Rodarte’s motion to compel the deposition of Plaintiff Raymond Padilla in jail is GRANTED. Moving party to give notice.

Legal Standard

“If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition . . . may be made . . . [b]y the court itself in which the action or special proceeding is pending, unless it be a small claims court, or “[b]y 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; Penal Code, § 2623.) “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.” (Penal Code, § 2623.)

Discussion

Defendants request an order permitting them to take the deposition of Plaintiff Raymond Padilla pursuant to CCP §1995 and Penal Code §2623.

Defendant asserts that Plaintiff is a material and crucial witness to the circumstances and events giving rise to the lawsuit as he is the plaintiff in this lawsuit. He is currently a prisoner in Men’s Central Jail located at 411 Bauchet St., Los Angeles, CA. (Lowell Decl., Exh. A.)

Defendant seeks testimony regarding Plaintiff’s claimed injuries and the subject action, which are material to the claims for negligence brought by him in the present action. (Lowell Decl., ¶ 4.)

The motion is GRANTED. Defendants may conduct a deposition of imprisoned Plaintiff Raymond Padilla in accordance with Penal Code sections 2622 and 2623.