Judge: Melissa R. Mccormick, Case: "Avitia v. Chopra & Kumar, Inc.", Date: 2022-09-29 Tentative Ruling

Plaintiff Carmen Avitia’s Motion to Compel Deposition

Plaintiff Carmen Avitia moves to compel defendant Foldcraft Co. to produce a person most knowledgeable witness for deposition.  For the following reasons, plaintiff’s motion is granted.

On April 11, 2022 plaintiff served defendant with a deposition notice seeking testimony on eight topics and production of 65 categories of documents.  Plaintiff noticed the deposition for May 9, 2022.  On May 6, 2022 plaintiff served a defendant with a second deposition notice seeking testimony on eight topics and production of 65 categories of documents.  Plaintiff noticed the deposition for June 8, 2022.

Between May 31 and June 1, 2022 defendant sent plaintiff emails stating that defendant desired entry of a protective order before the deposition occurred.  On June 7, 2022 defendant served objections to the May 6, 2022 deposition notice.  The objections were untimely.  Cal. Civ. Proc. Code § 2024.410(a) (“Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least calendar days prior to the date for which the deposition is scheduled”). 

On June 8, 2022 plaintiff took a certificate of non-appearance.  On June 17, 2022 defendant filed a motion for entry of a protective order.  Defendant’s motion is scheduled for hearing on October 20, 2022.  On July 5, 2022 plaintiff filed the instant motion to compel defendant to produce a person most knowledgeable witness to appear for deposition on the eight topics set forth in the May 6, 2022 deposition notice.  Plaintiff’s motion does not seek production of any of the categories of documents set forth in May 6, 2022 deposition notice.

Defendant did not serve timely objections to the deposition notice.  Defendant thus waived its objections to the eight deposition topics.  Nor has defendant substantiated any of its objections in its opposition.  Instead, defendant generally argues some of the testimony topics seek proprietary information and defendant should not be compelled to produce a deposition witness unless and until the court enters a protective order.  Defendant does not specify the topics it contends seek proprietary information or why the information is proprietary, and defendant has not provided any evidence supporting that contention.  The court thus has no basis on which to conclude that, had defendant served timely objections to the deposition notice, defendant should not be compelled to produce a witness to testify about the topics.  Defendant Foldcraft Co. shall produce a witness to testify on the eight topics set forth in the May 6, 2022 deposition notice on or before October 13, 2022.

Plaintiff’s request for sanctions is denied.  The above ruling notwithstanding, the correspondence attached to plaintiff’s motion papers demonstrates this matter could have been resolved without court intervention.

Plaintiff to give notice.