Judge: Stephen I. Goorvitch, Case: 21STCV04726, Date: 2023-02-14 Tentative Ruling

Case Number: 21STCV04726    Hearing Date: February 14, 2023    Dept: 39

Ulises Alvarez v. Completely Concrete Structures

Case No. 21STCV04726

Motion to Compel Deposition

            Plaintiff Ulises Alvarez (“Plaintiff”) moves to compel Deponent John Stitch (“Stitch”) to appear for deposition.  Deponent is an employee of Defendant Completely Concrete Structures (“Defendant”).  Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition.  (Code Civ. Proc., §2025.450, subd. (a).)  Likewise, service of a deposition notice compels a party-affiliated deponent to appear for deposition.  (Code Civ. Proc., § 2025.280, subd. (a).)

            Plaintiff served a deposition notice upon Defendant for Stitch’s deposition.  Because Stitch is Defendant’s employee, the deposition notice is sufficient to compel his appearance.  Defendant did not object or provide notice that Stitch is no longer an employee.  To date, Deponent has not appeared for deposition.  Defendant has not opposed the motion, and the record reflects no good cause why the Court should not grant this motion.  Therefore, the motion is granted.

            Plaintiff seeks sanctions in connection with the motions.  Plaintiff did not include the request for sanctions or identity the party against whom Plaintiff seeks sanctions in the notice of motion.  Therefore, the Court cannot award sanctions.  (See Code Civ. Proc., § 2023.030.)

Based upon the foregoing, the Court orders as follows:

1.         Plaintiff’s motion to compel the deposition of John Stitch is granted.

2.         John Stitch shall appear for a remote deposition within thirty (30) days unless Plaintiff’s counsel stipulates otherwise. 

3.         Plaintiff’s request for sanctions is denied.

4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.