Judge: Lynne M. Hobbs, Case: 20STCV48973, Date: 2023-10-18 Tentative Ruling

Case Number: 20STCV48973    Hearing Date: October 18, 2023    Dept: 30

OMRI YONA vs TONY MIZRAHI, et al.

Motion for Protective Order to Prevent Deposition of Defendant

TENTATIVE

Defendant Danny Mizrahi’s motion for a protective order is DENIED.  Defendant Danny Mizrahi is ordered to attend his deposition within 30 days of issuance of order.  Further, the Request for Sanctions is denied. Moving party to give notice.

DISCUSSION

The Court finds that Defendant has not met his burden to demonstrate by a preponderance of evidence that the issuance of the requested protective order is proper. First, Plaintiff has attempted to depose Defendant since January 2023, which predates his cancer diagnosis. Based on the evidence submitted before the Court, Defendant’s non-responsiveness and last-minute cancellations have led to an undue delay in deposing Defendant. Plaintiff has demonstrated a willingness to work with Defendant multiple times while Defendant has failed to agree to a deposition date that works for both parties. While this Court is sympathetic to Defendant’s health condition, Plaintiff has agreed to expedite the deposition and will allow Defendant to take breaks as necessary. Finally, an imminent deposition of Defendant will allow Defendant to be deposed prior to any further intensive medical procedures while allowing Plaintiff enough time to depose further expert witnesses prior to the trial of January 18, 2024. Given the severity of Defendant's health conditions, the finds that Defendant acted with substantial justification in making the request of the Court. For this reason, Plaintiff's request for sanctions is denied.