Judge: Michael Shultz, Case: 23CMCV00292, Date: 2024-05-28 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

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Case Number: 23CMCV00292    Hearing Date: May 28, 2024    Dept: A

23CMCV00292 Leticia Guadalupe Lezama v. Carl Jr. Gutierrez, et al.

Tuesday, May 28,  2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA; REQUEST FOR MONETARY SANCTIONS

      This action arises from an automobile accident. Defendants served a deposition subpoena on Elizabeth Lezama, a non-party witness, to appear for testimony and produce records. Defendants argue that the witness refused to appear on March 5, 2024, warranting imposition of sanctions of $1,060.00.

      The witness submits a declaration stating she is 19-years old and a full-time student and helping her mother who sustained injury. She will be available for deposition between June 10, 2024, and June 24, 2024.

      An oral deposition may be used to obtain discovery of a person who is not a party to the action in which the discovery is sought. (Code Civ. Proc., §2020.010(a)(1). ) Personal service of any deposition subpoena is effective to require personal attendance and testimony at a deposition. (Code Civ. Proc., § 2020.220(c)(1); 1987.1.)

      Defendants’ motion is GRANTED. Defendants are ordered to meet and confer with the witness to schedule a mutually convenient date for a deposition. There is no evidence that the witness willfully refused to appear for her deposition. There is no evidence that the witness willfully refused to appear for deposition under the circumstances, and therefore, Defendants’ request for sanctions is DENIED. However, the witness is admonished that failure to comply with a deposition subpoena may be punished as contempt of court and imposition of monetary sanctions should the witness fail to appear.