Judge: Michelle C. Kim, Case: 19STCV04161, Date: 2023-05-11 Tentative Ruling

Case Number: 19STCV04161    Hearing Date: May 11, 2023    Dept: 31

TENTATIVE

Plaintiff’s motion to compel the deposition of Dolores Vides and Production of Documents is DENIED without prejudice.

Legal Standard

CCP §¿2025.450(a) provides:¿“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 . . . 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 . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450(a).) 

CCP §¿2025.450(b) provides:¿“A motion under subdivision (a) shall comply with both of the following:¿

1.     The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.¿

2.     The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, y a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”¿

(Id., § 2025.450(b).)

“A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” (Cal. Rules of Court, Rule 3.1346.)

Further, a separate statement is required for a motion to compel the production of documents or tangible things at a deposition. (Cal. Rules of Court, Rule 3.1345(a)(5).)

Discussion

Dolores Vides is a non-party to the action and thus personal service of the motion is required. (Cal. Rules of Court, Rule 3.1346.) The proof of service attached to the motion only indicates service by USPS to Vides. Accordingly, service is inadequate. The Court notes that Vides has not filed an opposition.

Further, the motion does not contain a separate statement regarding the documents sought to be compelled as required by CRC Rule 3.1345(a)(5).

Conclusion

Plaintiff’s motion to compel the deposition of Dolores Vides and Production of Documents is DENIED without prejudice.

Moving party is ordered to give notice.