Judge: Martha K. Gooding, Case: 2019-01102775, Date: 2022-10-03 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

Defendant Christian Gonzalez’s unopposed motion to compel the deposition of third-party witness Luis Alfaro 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 issued a Deposition Subpoena for Personal Appearance for Alfaro’s deposition. (Hill Dec., Ex. B.) Witness was personally served with the deposition subpoena on June 10, 2022. (Id.) The deposition was set for June 22, 2022. On June 22, 2022, Alfaro failed to appear for his deposition. A Certificate of Non-Appearance was taken. (Hill Dec., Ex. C.) On July 6, 2022, Defense Counsel sent a letter to Alfaro to meet and confer about his deposition. (Hill Dec., Ex. D.) He has not provided new dates for the deposition.

Defendant states that Alfaro is a percipient witness of the events preceding the subject accident; he is a direct witness to Plaintiff’s injuries; and he is a witness to Plaintiff’s medical condition before and after the subject accident.  In addition, he was the one hosting the party that Plaintiff attended, and the person with whom Plaintiff had a disagreement, right before the incident.

Defendant has shown that Alfaro’s testimony is relevant, and that despite being served with a valid deposition subpoena, he failed to appear.  Accordingly, pursuant to Code Civ. Proc., § 2025.480(b), the motion is granted.

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

Defendant shall give notice.