Judge: Serena R. Murillo, Case: 19STCV38841, Date: 2022-09-13 Tentative Ruling

Case Number: 19STCV38841    Hearing Date: September 13, 2022    Dept: 29

Manushag Hovanesian v. Macy’s West Stores, Inc.

Motion to Compel Attendance at Deposition and Request for Sanctions filed by Defendant Macy’s West Stores LLC

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TENTATIVE 

Defendant Macy’s West Stores LLC’s motion to compel the deposition of Plaintiff is DENIED.

Legal Standard 

Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.)

Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).)

CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , 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 . . . 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 . . . described in the deposition notice.”  (Code Civ. Proc., § 2025.450(a).) 

CCP section¿2025.450(b) provides:¿“A motion under subdivision (a)… 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.”¿ (Id., § 2025.450(b).) 

Discussion 

On February 7, 2022, Defendant Macy's West Stores, LLC, served a notice of deposition of Plaintiff scheduled for March 3, 2022. (A true and correct copy of the Notice of Deposition attached hereto as Exhibit "A.") Plaintiff did not object to the notice, and her counsel never indicated to Defendant's counsel that she would not appear on March 3, 2022. Plaintiff did not appear for deposition on March 3, 2022.

However, Defendant has not complied with its meet and confer requirements under CCP section 2025.450(b), as there is no evidence or argument that Defendant attempted to meet and confer with Plaintiff by inquiring about the nonappearance. As such, the motion cannot be granted.

Conclusion