Judge: Lynne M. Hobbs, Case: 22STCV12490, Date: 2023-11-08 Tentative Ruling

Case Number: 22STCV12490    Hearing Date: November 8, 2023    Dept: 30

EDDIE WILLIAMS vs RAMOS TOWING LLC

Motion to Compel Deposition of Person Most Knowledgeable
Motion to Compel Deposition of Person Most Knowledgeable

TENTATIVE

Plaintiff’s motions to compel the deposition of Defendant’s PMK are GRANTED. Defendant is ordered to produce its PMK for deposition within 30 days of this order.  Moving party to give notice.

Discussion
 
On May 23, 2023, Plaintiff served a notice of taking deposition of Defendant’s Person Most Knowledgeable (PMK), to take place on June 9, 2023. (Cutting Decl., ¶ 5; Ex. 1.) On June 8, 2023, after numerous requests to confirm that the PMK deposition will go forward, Defense Counsel advises that the deposition will need to be rescheduled, and new dates will be provided. (Id., ¶ 6; Ex. 2.) On June 13, 2023, Plaintiff followed up with Defense Counsel for new deposition dates. No dates were provided. (Id., ¶ 7; Ex. 3.) On June 13, 2023, Plaintiff noticed the PMK deposition to take place on June 26, 2023. (Id., ¶ 8; Ex. 4.) On June 23, 2023, Plaintiff took the deposition off calendar a second time due to being unable to confirm the date with defense counsel. Plaintiff requested deposition dates and by August 1, 2023, no deposition dates were provided. Thus, Plaintiff re-noticed the deposition for August 15, 2023. (Id., ¶ 10-11; Exs. 6-7.) Defendant did not appear at the deposition on August 15, 2023, and Plaintiff took a certificate of non-appearance. (Id., ¶ 13; Ex. 9.)

As such, Plaintiff has demonstrated proper service of the deposition notices on Defendant, and Defendant’s failure to provide any dates, and failure to appear at the deposition.  No opposition of these regularly noticed motions were filed.