Judge: Mark H. Epstein, Case: 23SMCV01381, Date: 2024-08-06 Tentative Ruling

Case Number: 23SMCV01381    Hearing Date: August 6, 2024    Dept: I

This is a troubling ex parte application.  It appears that plaintiff’s counsel has disappeared.  Defendant has been trying to depose plaintiff since last September.  Plaintiff, who is going to college on the east coast, wants to be deposed remotely and only during breaks.  After trying to do that on multiple occasions only to have plaintiff insist on changing the date, defense counsel asked plaintiff’s counsel for dates.  Then plaintiff’s counsel went radio silent.  Attempts to call have been unsuccessful and counsel has done nothing to return any attempts by the defense to communicate.  The deposition is currently set and properly noticed for August 13, 2024.

The court is inclined to DENY the application as having shown no need for exigency and because perhaps plaintiff will appear on August 13, 2024.  If plaintiff does appear, well and good.  If not, and assuming the defense follows the code, the court would expect a speedy motion to compel further.  If the next hearing date is too far away (trial is February 3, 2025), then an application to specially set would be in order.  If that results in an order that plaintiff disobeys, then other sanctions would be appropriate.

The court is hopeful that this will moot itself out, but a copy of this order should be served by the defense on plaintiff’s counsel.  If things progress along the current path, the matter is likely to be dismissed in the end.