Judge: Melvin D. Sandvig, Case: 23CHCV00058, Date: 2025-02-03 Tentative Ruling

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Case Number: 23CHCV00058    Hearing Date: February 3, 2025    Dept: F47

Dept. F47

Date: 2/3/25

Case #23CHCV00058

MOTION TO COMPEL DEPOSITION

Motion filed on 1/13/25.

MOVING PARTY: Plaintiff Rosario Scrivano, trustee of The Scrivano Family Revocable Living Trust and Successor-in-Interest to Joseph Scrivano, Deceased

RESPONDING PARTY: Defendants Pacific Senior Living Management, LLC; W Lyons LLC; Deepak Israni

NOTICE: ok

RELIEF REQUESTED: Compel deposition of defendant Deepak Israni and impose monetary sanctions in the amount of $3,896.36.

RULING: The motion is granted. Sanctions are denied.

SUMMARY OF ACTION & PROCEDURAL HISTORY

This is an elder abuse case. While Joseph Scrivano stayed at Pacifica Senior Living Management, LLC, he died. His surviving son, Rosario Scrivano, sues Pacific Senior Living Management, LLC; W Lyons LLC; and Deepak Israni for the following causes of action: (1) elder neglect; (2) negligence; (3) negligent hiring and supervision; and (4) violation of Consumer Legal Remedies Act.

ANALYSIS

Plaintiff moves to compel deposition of defendant Deepak Israni. Defendants oppose on the grounds that he is an apex employee, and Plaintiff has not made the required showing to depose him.

The Court of Appeal in Liberty Mutual Ins. Co. v. Superior Court held: “[I]t amounts to an abuse of discretion to withhold a protective order when a plaintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledge of the case and absent exhaustion of less intrusive discovery methods. ((1992) 10 Cal.App.4th 1282, 1287.) The court “should first determine whether the plaintiff has shown good cause that the official has unique or superior personal knowledge of discoverable information. If not . . . the trial court should issue the protective order and first require the plaintiff to obtain the necessary discovery through less-intrusive methods.” (Id. at 1289.)

Plaintiff argues that Deepak Israni is not an apex employee. In support, Plaintiff submits as evidence Application to Register a Foreign Limited Liability Company filed by Pacifica Senior Living Management LLC, which identifies Deepak Israni as “general manager.” (Ex. 22.) In opposition, Defendants submit as evidence their counsel’s declaration, and she states the following: “I had the opportunity to speak with employees of Pacific Senior Living, I learned Mr. Israni is the highest-level manager of the defendant entities with oversight of hundreds of facilities nationwide.” (Decl. Muñoz, ¶ 2.) But this is hearsay. Further, it does not support that defendant Deepak Israni is a corporate officer.

Thus, the motion is granted.

The court must impose a monetary sanction in favor of the party who noticed the deposition and against the party with whom the deponent is affiliated “unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2025.450, subd. (g)(1).) 

This is largely a dispute about whether defendant Deepak Israni is an apex employee of Pacific Senior Living Management, LLC and W Lyons LLC. Imposing monetary sanctions would be unjust. Based on this, the Court will not award sanctions.

CONCLUSION

The motion is granted. Sanctions are denied.