SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Plaintiffs Felipe Rodriguez (“Felipe”) and Angelo Rodriguez, a minor by and through his guardian ad litem Felipe Rodriguez (collectively, “Plaintiffs”) filed this action against Defendants Uber Technologies, Inc. (“Uber”), Aimin Lin, Andrian Krugliy, and Roman Pidkova for damages arising from an automobile collision.   

Defendant Uber now moves to compel Plaintiff Felipe to submit to an additional deposition and leave for additional time beyond the statutory limit to conduct the second deposition.  Any opposition to the motion was due on or before October 16, 2023.  As of October 16, 2023, no opposition has been received.   

 

 

Moreover, CCP §2025.290(a) provides, “Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of total testimony. The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.”   

Here, Uber provides that Plaintiff Felipe appeared for his deposition on June 7, 2023, which proceeded with an interpreter. The deposition commenced at 10:05 a.m. and completed at 3:58 p.m. that day. Counsel for Defendant Krugliy took Plaintiff’s deposition. Uber’s counsel did not yet have their turn to question Plaintiff. At the deposition, Plaintiffs’ counsel agreed that Plaintiff Felipe’s deposition should be a two-day, and the deposition ended with the understanding that Plaintiff’s deposition would resume at a later date. However, Plaintiffs’ counsel did not respond to Uber’s counsel’s emails attempting to schedule the second session of Plaintiff Felipe’s deposition. Uber asserts there are remaining issues, such as Plaintiff Felipe’s applicable insurance at the time of the accident, his medical history, loss of earnings and earning capacity, orthopedic injuries, and alleged traumatic brain injury/cognitive impairments. Plaintiff had been deposed by Counsel for Defendant Krugliy for 5 hours and 53 minutes, leaving 1 hour and 7 minutes left of the 7-hour limit. Uber avers that additional time is necessary to complete Plaintiff Felipe’s deposition, because the length of the deposition is doubled due to the need for an interpreter, and there remains the aforementioned issues that Uber’s counsel has yet had the opportunity to question Plaintiff Felipe on. 

Uber’s evidence shows that Plaintiff Felipe’s first deposition was not completed, and that Plaintiffs’ counsel stipulated to Plaintiff Felipe appearing for a second deposition. Plaintiff Felipe’s second deposition is required for Uber to obtain information regarding Plaintiff Felipe’s injuries and for Uber to have its fair chance at questioning Plaintiff Felipe. Therefore, Uber establishes good cause to compel Plaintiff’s second deposition.    

Uber’s unopposed motion to compel the second deposition of Plaintiff Felipe is GRANTED. Further, the Court awards Uber the requested additional four hours to complete Plaintiff Felipe’s deposition. Counsel must meet and confer to determine the date and time for the second deposition; if Plaintiffs’ counsel does not meaningfully participate in the meet and confer process, Uber may unilaterally set the date and time for the deposition with at least ten days’ notice to Plaintiff Felipe (extended per Code if by other than personal service).   

 

III. Sanctions  

CCP § 2025.450(g)(1) requires the Court to impose sanctions unless it finds the deponent acted with substantial justification or there are circumstances that render imposition of sanctions unjust. Uber requests sanctions of $2,500. 

The Court awards two hours for preparing the motion and one hour for appearing at the hearing, all at the requested rate of $250 per hour, for a total attorney’s fees award of $750.   

Sanctions are sought and imposed against Plaintiff Felipe and his attorney of record, jointly and severally. They are ordered to pay sanctions to Uber, by and through its attorney of record, in the total amount of $750, within twenty days.