Judge: Mark H. Epstein, Case: 24SMCV02768, Date: 2025-02-21 Tentative Ruling

Case Number: 24SMCV02768    Hearing Date: February 21, 2025    Dept: I

The unopposed motion to compel the deposition of defendant’s PMK is GRANTED.  Sanctions are GRANTED in the amount of $700 against defendant (but not counsel), payable within 30 days.  In this slip and fall case, plaintiff served a deposition notice on September 27, 2024.  Defense counsel later said that the proposed deposition date was not convenient and that defendant was working on new dates.  Although plaintiff has asked for those dates repeatedly, defendant has not provided them.  Accordingly, plaintiff seeks an order compelling the deposition.  The court has sympathy for the notion that a deposition date should be one that works for all parties, but where one party will not provide acceptable dates, then the other party may set a date unilaterally.  That is what will happen here.

Plaintiff will provide three dates to the defense no later than Tuesday, February 25, 2025 at noon.  The dates will be no sooner than March 10, 2025 and not later than March 24, 2025.  Defendant will have until noon on Thursday, February 27, 2025, to choose one of those three dates, and that will be the deposition date.  If defendant fails to choose by the deadline, plaintiff may select any of the three dates no later than 5:00 pm on Thursday, February 27, 2025.  The deposition will be at plaintiff’s counsel’s office unless plaintiff elects to proceed remotely.  The deposition will begin at 9 am and go until 5 pm with a 1 hour lunch breach and two 15 minute breaks (one in the morning and one in the afternoon).  If it does not conclude on the first day, it will go from day to day until completed, weekends and holidays excepted.  The parties may change the foregoing procedure by an agreement in writing.