Judge: Stephen I. Goorvitch, Case: 21STCV46583, Date: 2023-02-14 Tentative Ruling

Case Number: 21STCV46583    Hearing Date: February 14, 2023    Dept: 39

Mandana Nazar v. Shawn Yadidi, et al.

Case No. 21STCV46583

Order #1 of 2

Demurrer

Cross-Complainant Promed Medical Supplies, Inc. (“Promed”) demurs to the answer of Cross-Defendants Mandana Nazar and Fole, Inc. (Cross-Defendants”) to Promed’s cross-complaint.  Cross-Defendants filed an amended answer to Promed’s cross-complaint.  As such, the demurrer is overruled as moot.  Promed’s counsel shall provide notice and file proof of such with the Court. 

Order #2 of 2

Motion to Compel Plaintiff’s Deposition

Defendant and Cross-Complainant Promed Medical Supplies (“Defendant”) moves to compel Plaintiff and Cross-Defendant Mandana Nazar (“Plaintiff”) to appear for deposition.  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 (a).) 

Plaintiff concedes in her opposition that she must appear for a deposition.  Therefore, the motion is granted.  Plaintiff’s counsel indicated at the hearing that her client will be available on the following dates for a deposition: __________________, 2023.  Therefore, the Court orders the deposition of Plaintiff to occur on _____________, 2023. 

Defendant requests sanctions.  The evidence before the Court shows that Plaintiff has dealt with medical conditions, which impaired her ability to appear for deposition.  As such, the Court considers an award of sanctions unjust.  (See Code Civ. Proc., § 2025.450(g)(1).)  Should Plaintiff fail to appear for her deposition, absent good cause, Defendant’s counsel may file a motion for monetary, evidentiary, issue, and/or terminating sanctions.   

Based upon the foregoing, the Court orders as follows:

1.         Plaintiff’s deposition shall occur on ______________, 2023. 

2.         Defendant’s request for sanctions is denied.

3.         Defendant’s counsel shall provide notice and file proof of such with the Court.