Judge: Michelle C. Kim, Case: 22STCV02832, Date: 2023-10-04 Tentative Ruling

Case Number: 22STCV02832    Hearing Date: April 8, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MARIA SKALERIS and PETER DANIEL DOSS, 

Plaintiff(s),  

vs. 

 

RAFAEL FAJARDO, ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 22STCV02832 

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO COMPEL DEPOSITION  

 

Dept. 31 

1:30 p.m.  

April 8, 2024 

 

Defendant Rafael Fajardo (“Defendant”) moves to compel plaintiff Peter Daniel Doss (“Plaintiff Doss”) to appear for his deposition and to pay monetary sanctions. As of October 19, 2023, Plaintiff Doss is in pro per. Any opposition was due on or before March 24, 2024; none was filed.  

 

Defense counsel declares that after receiving no communication from Plaintiff Doss regarding his availability for deposition, Defendant unilaterally set his deposition for April 6, 2023, May 13, 2023, November 21, 2024, and January 4, 2024.  

 

A motion to compel deposition “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, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (CCP § 2025.450(b)(2).) 

 

Here, Defendant has failed to submit a meet and confer declaration stating that defense counsel contacted the deponent to inquire about the nonappearances pursuant to CCP § 2025.450(b)(2). Defendant provides that they received no communication from Plaintiff Doss, yet there is no evidence that Defendant had attempted to reach out to Plaintiff Doss outside of unilaterally serving multiple deposition notices and taking certificates of non-appearances. 

 

The motion is therefore denied. The denial is without prejudice as to Defendant re-filing the motion with the required meet and confer declaration. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 5th day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court