Judge: Martha K. Gooding, Case: 2020-01152394, Date: 2022-10-10 Tentative Ruling

Motion to Compel Deposition

Ex Parte Application to Continue Trial

This case arises out of an undisputed liability two-vehicle rear end accident.  The Complaint was filed two years ago, on July 31, 2020.  Plaintiff Don Cabicq (“Plaintiff”) alleges he has incurred approximately $23,000 in special damages (medical expenses); Defendant Priscilla Granger (“Defendant”) disputes causation and damages.  Trial is set for 8/8/2022.

Before the Court are two motions/applications. 

The first, brought by Defendant, is to compel the deposition of Plaintiff Don Cabicq (“Plaintiff”) and for sanctions.  Defendant has shown that she scheduled Plaintiff’s deposition three times.  The first notice was for November 4, 2021; the deposition was continued to January 27, 2022 at the request of Plaintiff’s counsel, who advised defense counsel he was unable to locate Plaintiff.   Plaintiff’s counsel was still unable to reach Plaintiff, and because Defendant declined to continue the depositio0n again, Plaintiff failed to appear for the January 27, 2022 deposition, and Defendant obtained a Certificate of Plaintiff’s Non-Appearance.   Defendant noticed Plaintiff’s deposition again, for March 23, 2022, and Plaintiff again did not appear; his counsel appeared and indicated he had been unable to reach Plaintiff in advance of the deposition.  See Schamble Declaration ¶¶ 4-11 and Exhs. A-D.  Again, Defendant obtained a Certificate of Plaintiff’s Non-Appearance.

The second request for relief is an ex parte application, also brought by Defendant Granger, to continue the August 8, 2022 trial date (and all related pretrial deadlines) on the ground that “a tentative settlement of this matter was reached, but has not yet been finalized due to the fact that Plaintiff’s Counsel has been unable to locate the Plaintiff. Inasmuch as the settlement remains tentative and the Release unsigned, discovery remains to be completed.”  Ex Parte Application (ROA 78) at 4:7-9.

The Court issues no tentative ruling on the merits of either request.  The Court will hear argument from counsel on both the ex parte application to continue trial and the noticed motion to compel Plaintiff’s deposition.