Judge: Martha K. Gooding, Case: 2019-01102775, Date: 2022-09-12 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

Christian Gonzalez’s unopposed motion to compel the deposition of third-party witness Jennifer Orellana (“Orellana”) is GRANTED.

If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., § 2025.480(b); see Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.)

On June 6, 2022, Defendant served a Deposition Subpoena for Personal Appearance for the deposition of Orellana. (Hill Dec., Ex. B.)   The witness was personally served with the deposition subpoena on June 8, 2022. (Id.) The deposition was set for June 22, 2022.  On June 22, 2022, Orellana failed to appear for her deposition. A Certificate of Non-Appearance was taken. (Hill Dec., Ex. C.) On July 6, 2022, Defense Counsel sent a letter to Orellana to meet and confer about her deposition. (Hill Dec., Ex. D.)  Orellano has not provided new dates for her deposition.

Defendant states that Orellana is a percipient witness of the events preceding the subject accident; she is a direct witness to Plaintiff’s injuries; and she is a witness to Plaintiff’s medical condition before and after the subject accident.  In addition, she was Plaintiff’s girlfriend and has lived/still lives with Plaintiff.

Defendant has shown that Orellana’s testimony is relevant and that, despite being served with a valid deposition subpoena, she failed to appear.  Accordingly, pursuant to Code of Civil Procedure section 2025.480(b), the Motion is GRANTED

Orellana is ordered to appear for her deposition within 30 days of service of notice of this ruling.

Defendant is ordered to give notice.