Judge: Nathan R. Scott, Case: Auster v. City of Fountain Valley, Date: 2022-07-29 Tentative Ruling

Defendants City of Fountain Valley and Jessica Yun Lee’s motion for leave to take deposition is granted.

Deponent Jared Fenn shall submit to a second deposition on defendant’s seat belt defense.  (See Code Civ. Proc., §§ 2017.010 [scope of discovery], Code Civ. Proc., § 2025.610, subd. (b) [authorizing second deposition]; see also Barber decl., ¶ 2-5.) 

That other witnesses have testified the seat belt was defective does not warrant denying further discovery into the issue. 

Plaintiff has not shown the second deposition is harassing or unduly burdensome -- the witness consents to it.  (See Barber decl., ¶ 5.)  Moreover, the scope is narrow, the time commitment is minimal, and the deposition may be necessary to preserve testimony for trial because the witness resides out of state.  (See Code Civ. Proc., §§ 1989, 2025.620, subd. (c)(1).)

The court has not considered plaintiff’s hearsay objections to defendants’ evidence.  (See Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2022) § 9:102.6 [format and specificity of objections].) 

The court has also not considered defendants’ reply evidence or the parties’ supplemental briefs/objections.

Defendants shall give notice.