Judge: Michael Small, Case: BC720469, Date: 2023-11-07 Tentative Ruling

Case Number: BC720469    Hearing Date: November 14, 2023    Dept: 57

Plaintiffs' motion for leave to take subsequent depositions of Defendants Hersel Abginesaz ("Hersel") and Elias Aziz-Lavi is denied.  Plaintiffs have not demonstrated good cause to take the requested depositions. The basis of the request is Plaintiffs' assertion that they only recently discovered the existence of a settlement of the cross-claim that Aziz-Lavi brought against Hersel.   The problem for Plaintiffs is that Aziz-Lavi dismissed the cross-claim more than 2.5 years ago.  Plaintiffs were served with Aziz-Lavi's request for dismissal.  Plaintiffs took the depositions of Aziz-Lavi and Hersel after the request for dismissal was filed and served.  Thus, Plaintiffs had the opportunity to question both Aziz-Lavi and Hersel about the circumstances surrounding the dismissal at the depositions that Plaintiffs conducted.  Plaintiffs have not shown that there is good cause for another bite at the deposition apple to ask questions about the dismissal that could have, and should have, been asked at the depositions that Plaintiffs already conducted.

Also on calendar for November 14 is an ex parte application of Hersel and his co-Defendants Athletix Fabrics, Inc. and Azita Kadkhoda (collectively, "the Applicants") to reschedule he deposition of Plaintiffs' expert witness so that the Applicants' expert witness will be able to attend that deposition.  The Applicants say that their expert cannot attend the deposition of Plaintiffs' expert because of medical issues. The Court is denying the ex parte application.  Scheduling of expert depositions in this case at this time is tight because of the holiday season and the rapidly approach date of the trial just after the New Year.  The deposition of Plaintiffs' expert should go forward as scheduled.   The Applicants have not cited any authority establishing that a party's expert must be able to attend the deposition of the other party's expert.   The Applicants' expert can review the transcript of the deposition of the Plaintiffs' expert prior to the deposition of the Applicants' expert.