Judge: Michael E. Whitaker, Case: 22STCV18174, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV18174    Hearing Date: May 22, 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

Plaintiff Nancy Karina Alvarado (Plaintiff) moves to compel the deposition of Defendant Edward Anthony Agajanyan (Defendant).  Defendant has not filed an opposition to the motion.

ANALYSIS

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

Here, on August 18, 2022, Plaintiff served, electronically, the subject deposition notice on Defendant, noticing Defendant’s deposition for September 30, 2022.  Defendant did not appear for deposition on September 30, 2022, and as of the filing date of the motion, Defendant has not appeared for deposition.

CONCLUSION AND ORDER

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

Plaintiff shall provide notice of the Court’s ruling and file a proof of service of such.