Judge: Mark E. Windham, Case: 23STCV24569, Date: 2024-10-30 Tentative Ruling

Case Number: 23STCV24569    Hearing Date: October 30, 2024    Dept: 26

Hermozo Textile, LLC v. Reunion Apparel, Inc., et al.

MOTION TO COMPEL DEPOSITION AND PRODUCTION OF DOCUMENTS;

(CCP § 2025.450)

TENTATIVE RULING:

Plaintiff Hermozo Textile, LLC’s Motion to Compel Deposition of Person Most Knowledgeable and Compliance with Demand for Production of Documents is GRANTED. DEFENDANT REUNION APPAREL, INC.’S PERSON MOST KNOWLEDGABLE IS ORDERED TO APPEAR AT DEPOSITION AND PRODUCE DOCUMENTS RESPONSIVE TO THE DEPOSITION NOTICE WITHIN 20 DAYS OF THIS ORDER, AT A DATE AND TIME DETERMINED AND NOTICED BY PLAINTIFF’S COUNSEL.

ANALYSIS:

Plaintiff Hermozo Textile, LLC (“Plaintiff”) filed the instant action against Defendant Reunion Apparel, Inc. (“Defendant Reunion”) and Babak Akhavan aka Bobby Akhavan (“Defendant Akhavan”) on October 9, 2023. Defendants answered the Complaint on December 14, 2023. Plaintiff’s application for writ of attachment was granted on April 25, 2024. (Minute Order, 04/25/24.)

Plaintiff filed the instant Motion to Compel the Deposition of Defendant’s Person Most Knowledgeable and Compliance with Demand for Production of Documents, on September 20, 2024. No opposition has been filed to date.

Discussion

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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, electronically stored information, or tangible thing 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, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).)

Following a meet and confer between the parties’ attorneys, Plaintiff served Defendant Reunion with Notice of Deposition of Reunion Apparel Inc.’s Person Most Knowledgeable, for July 1, 2024. (Motion, Tabibi Decl., ¶2 and Exh. 1.) Defendant Reunion did not serve a written objection to the Notice of Deposition. (Id. at ¶3.) Plaintiff’s counsel repeatedly contacted defense counsel about the noticed deposition, but defense counsel did not communicate until June 28, 2024. (Id. at ¶4.) At that time, defense counsel stated that they had lost contact with their client and that neither Defendant Reunion nor counsel would appear for the deposition. (Ibid.) Further communication between the attorneys did not result in any agreement regarding how to proceed with the deposition. (Id. at ¶¶5-7 and Exh. 2.)

Based on this non-cooperation by Defendant Reunion regarding its deposition, the Court finds that Plaintiff has demonstrated an adequate meet and confer effort and grounds for an order compelling its appearance. The Motion also articulates good cause for a production order with respect to the document demands, which pertain to the subject transactions upon which Plaintiff’s claims are based, an investigation of alter ego liability among the multiple Defendants, and facts and documents supporting the affirmative defenses in Defendants’ Answer. As Plaintiff points out, these topics are within the broad permissible scope of discovery. (Citing Code Civ. Proc., § 2017.010.)

Therefore, Plaintiff is entitled to an order compelling Defendant Reunion’s PMK to appear for deposition and for production of the documents sought in the deposition notice.

Conclusion

Plaintiff Hermozo Textile, LLC’s Motion to Compel Deposition of Person Most Knowledgeable and Compliance with Demand for Production of Documents is GRANTED. DEFENDANT REUNION APPAREL, INC.’S PERSON MOST KNOWLEDGABLE IS ORDERED TO APPEAR AT DEPOSITION AND PRODUCE DOCUMENTS RESPONSIVE TO THE DEPOSITION NOTICE WITHIN 20 DAYS OF THIS ORDER, AT A DATE AND TIME DETERMINED AND NOTICED BY PLAINTIFF’S COUNSEL.

Moving party to give notice.