Judge Ronald F. Frank, Case 22TRCV00082 2023-03-30 Tentative Ruling

Judge: Ronald F. Frank, Case: 22TRCV00082, Date: 2023-03-30 Tentative Ruling

Case Number: 22TRCV00082 Hearing Date: March 30, 2023 Dept: 8

Tentative Ruling

HEARING DATE: March 30, 2023¿

CASE NUMBER: 22TRCV00082

CASE NAME: William Todd Robinson v. Alan Boeke, et al.

MOVING PARTY: Defendants, Alan Boeke and Ronald K. Stevenson

RESPONDING PARTY: Plaintiff, William Todd Robinson

TRIAL DATE: September 25, 2023

MOTION:¿ (1) Motions for Protective Order filed by each Defendant

Tentative Rulings: (1) Motions for Protective Order is DENIED, in light of the offer by Plaintiff’s counsel to depose the Defendants in Palm Desert, near their residence where, per defense counsel, they currently reside.

I. BACKGROUND¿

A. Factual¿

Plaintiff filed the Complaint on February 3, 2022. Plaintiff alleges that he and Defendant Alan Boeke were both shopping at a Vons market in Manhattan Beach when they had an argument inside the store. The Complaint further alleges that when Plaintiff exited the store, Defendant Boeke, who was already in his vehicle, and intentionally drove his vehicle into Plaintiff and struck Plaintiff. Defendant Boeke then backed up the vehicle and intentionally ran over Plaintiff’s legs. Defendant then fled the scene of the incident. Afterwards, Defendants Boeke and Ronald Stevenson fraudulently transferred their interest in the personal residence on 3616 Elm Avenue in the City of Manhattan Beach to an Irrevocable Trust entitled The Rainbow Trust, for less than adequate consideration, or for zero consideration, to limit the amount of assets available from which Plaintiff could collect a potential judgment. Plaintiff alleges causes of action for: (1) Negligence; (2) Battery; (3) IIED; (4) Fraudulent Transfer. Plaintiff alleges a prayer for punitive damages.

B. Procedural

On March 7, 2023, Defendants, Alan Boeke and Ronald K. Stevenson filed a Motion for Protective Order. On March 17, 2023, Plaintiff, William Todd Robinson filed a combined opposition to the Motions for Protective Order. On March 24, 2023, Defendants, Alan Boeke and Ronald K. Stevenson filed reply briefs. Notably, the motion and the reply lack a declaration by either of the Defendants.

¿II. ANALYSIS ¿

A. Legal Standard

“Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420, subd. (a).) (Emphasis added.)

For good cause shown, the Court may issue any order that “justice requires to protect any party from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b).) Section 2025.420, subdivision (b), provides a nonexclusive list of directions that may be included in a protective order, including orders directing that the deposition may not be taken at all or that the deposition be taken at a different time. (Id.)

“ ‘[T]he issuance and formulation of protective orders are to a large extent discretionary”’ and a ruling on such motions will not be disturbed absent abuse of discretion. (Nativi v. Deutsche Bank National Trust Co. (2014) 223 Cal.App.4th 261, 316-17.)

The burden is on the party seeking the protective order to show good cause for the order sought. (Id. at p. 318.)

B. Discussion

On February 17, 2023, defense counsel sent Plaintiff’s counsel an email correspondence requesting that Defendant, Alan Boeke and Ronald Stevenson’s deposition be conducted remotely. On February 23, 2023, Plaintiff’s counsel advised that her preference for an in person deposition is based on her opportunity to assess the credibility and demeanor of the defendant and to examine him regarding relevant documents that he has been requested to produce.

On March 3, 2023, Defense counsel noted that according to Dr. David Austin, of UCLA Health, Mr. Boeke suffers from lumbar disc herniation and he cannot travel more than ten minutes in a vehicle because he suffers bouts of vertigo and extreme pain (Exhibit C.) Defendant also notes that Mr. Boeke’s husband is immune compromised, thus, defendant Boeke will be required to wear a mask if the deposition must occur in person. Curiously, there is no declaration from the doctor, only a letter.

On March 3, 2023, Defense counsel noted that he provided medical proof of Defendant’s inability to travel. Defendant assets that according to Dr. David Austin, of UCLA Health, Ronald K. Stevenson suffers from a celiac disease and due to his level of stress he suffers from multiple bouts of diarrhea making it impossible for him to drive (Exhibit C.) Further, Defendant Stevenson claims to by immune compromised and will require wearing of a mask if the deposition is ordered to be in person.

In opposition, Plaintiff asserts that Defendants argue that they are 131 miles from the proposed deposition location and that they can not sit for more than 10 minutes or travel for the required 2.5 hours. However, Plaintiff argues that Defendants do not address the fact that this action involves their personal residence in Manhattan Beach and that “Exhibit B” to the Complaint is the Deed to Defendants’ personal residence which is the real property at issue in the Fraudulent Transfer Causes of Action in the case. The Opposition declaration indicates that upon learning the Defendants had relocated their residence to Palm Desert, she offered to depose them in that location upon some proof of relocation.

Plaintiff also notes that Defendants can be accommodated by moving the location of the depositions to an office in Palm Desert near their home, if they are to provide proof that they have moved from Manhattan Beach by presenting Drivers Licenses, Voter Registration, and in Boeke’s case, proof that he registered his relocation and change of address with his probation officer or Probation Department.

III. CONCLUSION

¿ For the foregoing reasons, Defendants’ Motion for Protective Order is DENIED so long as the deposition occurs in or around Palm Desert.

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Unless waived, Plaintiff’s counsel is to give notice.