Judge: Michelle C. Kim, Case: 22STCV11811, Date: 2023-12-21 Tentative Ruling

Case Number: 22STCV11811    Hearing Date: December 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CARMAN HOUSTON, 

Plaintiff(s),  

vs. 

 

SAMIR AGALIYEV, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV11811 

 

[TENTATIVE] ORDER FINDING MOTION TO COMPEL DEPOSITION MOOT 

 

Dept. 31 

1:30 p.m.  

December 21, 2023 

 

On September 28, 2023, Plaintiff Carman Houston (“Plaintiff”) filed the instant motion to compel the deposition of Defendant Samir Agaliyev (“Defendant”). Defendant opposes the motion. As of December 14, 2023, no reply was filed. 

 

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. 

 

Here, Plaintiff asserts she noticed Defendant’s deposition for July 13, 2023, and on that date, defense counsel appeared remotely via Zoom. While waiting for Defendant to appear, defense counsel informed Plaintiff’s counsel that he was unable to contact Defendant, and defense counsel agreed to pay for the cost of the deposition due to the waste of time. The deposition was rescheduled, and proceeded on August 25, 2023. However, halfway through the deposition, defense counsel requested to reconvene the deposition to a later time because he had a mediation. Defense counsel agreed to pay for the translator for the next deposition. Plaintiff’s counsel agreed to reconvene on the condition that Defendant would appear for the continued deposition. After the parties met and conferred on date and time, Plaintiff’s counsel served an amended deposition notice for September 22, 2023 for 3:00 p.m. On September 22, 2023, only defense counsel appeared and stated he was unable to contact Defendant. Defendant did not appear for his deposition.  

 

In opposition, Defendant contends the motion is now moot because Defendant’s deposition was confirmed for December 14, 2023. Defendant avers he spoke with Plaintiff’s trial counsel Ed Morgan on several occasions, and that he was told that Plaintiff will not seek sanctions against defense counsel. Further, defense counsel avers that he has agreed to cover the costs for the interpreter, court reporter, and any additional fees necessitated by the deposition. 

 

Plaintiff did not file a reply to dispute Defendant’s representations regarding the deposition and imposition of sanctions.  

 

Given that there has been no additional briefing in connection with the motion, the Court presumes Defendant’s deposition was completed on December 14, 2023, and that the motion to compel is now moot.    

 

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 20th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court