Judge: Martha K. Gooding, Case: 21-01214918, Date: 2023-05-22 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

The unopposed Motion by Defendant Holiday Garden SF Corp. (“Defendant”) to Compel the Deposition of Non-Party Witness Teagan McCarthy is GRANTED.

The record reflects Defendant properly noticed the deposition of non-party witness, Teagan McCarthy (“Deponent”), twice, and that the Deponent, without having served a timely objection, twice cancelled her deposition. Deponent appears to be claiming she is “physically and mentally unable” to appear for her deposition “for the foreseeable future.” (Warren Decl. at ¶¶ 15-16, Exh. C.)  Defendant’s counsel noted that no documentation had been provided to support Deponent’s physical and mental state, and it warned that Defendant would take a Certificate of Non-Appearance, and bring this motion, unless medical records were provided to support Deponent’s representation. (Warren Decl. at ¶¶ 17-18, Exh. E.) Nevertheless, Deponent did not appear for her deposition and did not provide Defendant’s counsel with any documentation regarding her alleged condition.

Despite being personally served with the moving papers, Deponent did not oppose.

Accordingly, Deponent Teagan McCarthy is ordered to appear for her deposition within 10 days of the service of the notice of ruling upon her, unless a later date is agreed to in writing by Defendant. (Code Civ. Proc. §§ 1987.1, subd. (a); 2025.450, subd. (a), (i).)