Judge: Serena R. Murillo, Case: 21STCV44209, Date: 2023-08-08 Tentative Ruling

Case Number: 21STCV44209    Hearing Date: August 8, 2023    Dept: 31

TENTATIVE 

Defendant’s motion to compel the deposition of Plaintiff is DENIED without prejudice.

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.)

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 

Defendant noticed Plaintiffs on October 17, 2022, seeking to schedule their deposition on November 18, 2022. (Yaraghchian Decl., ¶ 3.) Plaintiffs’ Counsel objected on November 14, 2022. Having not received an alternative date for the deposition to occur, Defendant noticed Plaintiffs again on February 7, 2023, with a proposed deposition date of March 10, 2023. (Id.) On March 2, 2023, Plaintiffs again objected, with a proposal to meet and confer to schedule a mutually agreeable date, time and place for the depositions to occur. (Id.) Defendant’s Counsel emailed Plaintiffs’ Counsel on March 7, 2023, to inquire as to an agreeable time and date for the depositions. This email went unanswered. Defendant again emailed Plaintiffs on March 21, 2023, which was again ignored. On March 29, 2023, once more, Defendant emailed Plaintiffs’ Counsel to schedule the depositions, but, for the third time, Plaintiff failed to offer any available dates for Plaintiff’s deposition. (Id., ¶ 4; Exh. A.)

The motion cannot be granted because Defendant has not attached the deposition notices served on Plaintiff to its motion. As such, the Court cannot determine whether a proper deposition notice was served on Plaintiffs in order to compel their appearance. In addition, the objections have not been attached in order for the Court to determine the validity of the objections.

Conclusion 

Accordingly, Defendant’s motion to compel the deposition of Plaintiffs is DENIED without prejudice.

Moving party is ordered to give notice.