Judge: Michael E. Whitaker, Case: 19STCV42599, Date: 2023-01-04 Tentative Ruling

Case Number: 19STCV42599    Hearing Date: January 4, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

            Defendant City of West Covina (Defendant) moves the Court to compel the appearance of Plaintiff Layla Tafoya, by and through her guardian ad litem Ashley Esquivel, (Plaintiff) for deposition.  Defendant requests monetary sanctions in connection with the motion.  Plaintiff has not filed an opposition to the motion.

            Preliminarily, the Court notes Defendant has failed to file a proof of service with the Court reflecting service of the instant motion to compel deposition on Plaintiff.  Defendant has attached a proof of service to the motion.  However, said proof of service does not list what documents were served on Plaintiff.  The proof of service instead states “On October 12, 2022, I served the foregoing document(s) described as *** on each interested party listed below.”  (See Defendant’s Motion to Compel Deposition.)  Moreover, the declarant dated the proof of service as follows: “Executed on October 12, 2023, at Fullerton, California.” 

Accordingly, the Court denies without prejudice Defendant’s motion as procedurally defective.