Judge: Michael E. Whitaker, Case: 21STCV15492, Date: 2023-01-12 Tentative Ruling

Case Number: 21STCV15492    Hearing Date: January 12, 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

MOTION

            Defendant TTX Company (Defendant) moves the Court to compel the appearance of Plaintiff Vincent Evans (Plaintiff) for deposition and produce documents requested in the deposition notice.  Plaintiff has not filed an opposition to the motion.

ANALYSIS

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent’s attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).)

Here, on June 1, 2022, Defendant served an amended deposition notice on Plaintiff.  Defendant noticed the deposition of Plaintiff for June 29, 2022.  Plaintiff notified Defendant that he was not available on the June 29, 2022 deposition date.  After several attempts to reschedule the deposition, Plaintiff has still not appeared for deposition as of the filing date of the motion. 

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to compel Plaintiff to appear for deposition per Code of Civil Procedure section 2025.450, and orders Plaintiff to appear for deposition and produce documents requested in the deposition notice within 30 days of notice of the Court’s order, unless Defendant stipulates otherwise.

Defendant shall provide notice of the Court’s orders and file a proof of service of such.