SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Plaintiff Roxane Marie Gross (“Plaintiff”) moves to compel the deposition of CVS Pharmacy, Inc.’s (“CVS”) store manager Brian Fontana (“Fontana”). Fontana is also a named defendant in this action.  

Any opposition to the motion was due by February 26, 2024; no opposition has been filed.   

 

II. Compel Deposition 

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, electronically stored information, or tangible thing 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, electronically stored information, or tangible thing described in the deposition notice.”  CCP § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410. 

Plaintiff noticed the deposition of CVS’ store manager Fontana for September 26, 2023 at 10:00 a.m., and also noticed the deposition of CVS’ person most knowledgeable (PMK) on the same day at 2:00 p.m. After conferring, the parties agreed to schedule the deposition of Fontana and CVS’ PMK in January or early February. However, Plaintiff’s counsel has continually requested defense counsel to provide the deposition dates for Fontana and the PMK without success. Plaintiff contends that she has never received deposition dates for Fontana and for CVS’ PMK to date. Plaintiff argues Fontana was a witness to the incident, and that his deposition testimony and the PMK’s deposition testimony are essential to the case. Trial is currently set for April 11, 2024.  

Accordingly, the unopposed motion is GRANTED.  (CCP § 2025.450(a).)  CVS’ PMK and Fontana are ordered to appear for their deposition at a date, time, and location to be noticed by Plaintiff.  Plaintiff must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). In consideration of the impending trial date, the depositions must be completed within next 30 days; discovery will remain open only for the purposes of completing the depositions of Fontana and CVS’ PMK.  

 

III. Production of Documents 

As to the production of documents included in the deposition notice, Plaintiff does not set forth good cause for the production of any documents.  (CCP § 2025.450(b)(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.”].)  Because Plaintiff does not set forth any specific facts in support, Plaintiff’s motion is denied as to the request for production of documents.    

 

IV. 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. A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.) Plaintiff requests $800 in connection with the instant motion against CVS only.  

Sanctions are imposed against CVS and its attorney of record, jointly and severally. They are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the total amount of $800, within twenty (20) days.    

 

Plaintiff is ordered to give notice.   

 

PLEASE TAKE NOTICE: