Judge: Michael Shultz, Case: 21STCV21621, Date: 2025-06-13 Tentative Ruling

DEPARTMENT 40 - MICHAEL J. SHULTZ  - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 21STCV21621    Hearing Date: June 13, 2025    Dept: 40

21STCV21621 Leslie Wilkerson, et al. v. City of Los Angeles, et al.

Friday, June 13, 2025

[TENTATIVE] ORDER DENYING MOTION TO COMPEL DEPOSITIONS OF DEFENDANTS’ MANAGEMENT EMPLOYEES AND WITNESSES, CHIEF KRISTIN CROWLEY AND DEPUTY CHIEF KRISTINE LARSON AND OTHER PARTY-RELATED WITNESSES; REQUEST FOR IMPOSITION OF SANCTIONS (Res. No. 5774)

       Plaintiffs allege they were subjected to racial and other discrimination while employed by the Los Angeles City Fire Department. Plaintiffs allege six causes of action for violations of the Fair Employment and Housing Act.

       In their motion filed May 7, 2025, Plaintiffs request an order to compel the depositions and production of documents of Chief Kristin Crowley, Deputy Chief Kristine Larson, and if not Crowley nor Larson, the depositions of the current DEI Bureau, and the Equity and Human Resources Bureau. The parties met and conferred informally and participated in an informal discovery conference with the court which were not successful.

       Plaintiffs contend that former Chief Crowley recently launched the fire department’s first ever Diversity, Equity & Inclusion Bureau. Her testimony is relevant to Plaintiffs’ discovery of fire department policies and training. Deputy Chief Larson is currently in charge of the fire department’s Equity and Human Resources Bureau who has relevant information about the Bureau’s equity and inclusion goals given her insensitive comments about those goals.

       Counsel for the City of Los Angeles, (“CILA”) were timely served with the motion but did not file an opposition. 

       Service of a deposition notice is effective to require a party to attend and to testify "as well as to produce any document.” (Code Civ. Proc., § 2025.280.) A party can move to compel production of those documents when the deponent fails to do so without serving a valid objection under Code Civ. Proc., § 2025.410.  (Code Civ. Proc., § 2025.480, subd (a); section 2025.450 subd. (a).)   

       The motion is defective in that it is not supported by Plaintiffs’ counsel’s declaration describing the party’s meet and confer efforts, submitting the notices of deposition at issue, or facts to support imposition of sanctions of $12,600. (Code Civ. Proc., § 2023.040 [“The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.”].)

       Accordingly, the motion is DENIED without prejudice.