Judge: Lynne M. Hobbs, Case: 21STCV13491, Date: 2024-02-14 Tentative Ruling

Case Number: 21STCV13491    Hearing Date: February 22, 2024    Dept: 30

TAWNY MARIE BYRD vs EMILY D. LINARES OLIVARES, et al.

TENTATIVE

Defendant’s motion to compel the deposition of Plaintiff along with the request for sanctions is DENIED without prejudice.

Moving party is ordered to give notice.

Legal Standard

Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.)

CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450(a).)

Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).)

CCP section¿2025.450(b) provides:¿“A motion under subdivision (a)… shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”¿ (Id., § 2025.450(b).)

Discussion

On March 7, 2023, Defendant served Plaintiff Jackson’s counsel, with a deposition notice, scheduled for March 22, 2023. (Hemmati Decl., ¶ 3.) The deposition was taken off calendar to give Jackson’s counsel an opportunity to participate in this case. Defendant never heard back from Jackson’s counsel regarding deposition dates. On March 27, 2023, Defendant served a unilateral second amended deposition notice, scheduled for April 7, 2023. (Id., ¶ 4.) On April 7, 2023, Jackson and his counsel failed to appear for the deposition or notify parties that they are not appearing. Defendant took a Certificate of Non- Appearance. (Id., ¶ 5; Exh. 1.) To move the process forward, Defendant again requested deposition dates from Jackson’s counsel, however, Defendant did not get a response. (Id., ¶ 7.) On October 16, 2023, Defendant served a third amended notice of deposition and set the deposition for November 1, 2023. (Id., ¶ 7.) On November 1, 2023, Jackson again failed to appear for the deposition or notify parties that they are not appearing. Defendant took another Certificate of Non-Appearance. (Id., Exh. 3.)

The motion cannot be granted because Defendant did not attach any deposition notice in order for this Court to find Plaintiff Jackson was properly served with a deposition notice. As the motion is denied, the request for sanctions is also denied.