Judge: Stephen P. Pfahler, Case: 23STCV09731, Date: 2025-03-14 Tentative Ruling

Case Number: 23STCV09731    Hearing Date: March 14, 2025    Dept: 68

Dept. 68

Date: 3-14-25 a/f 6-4-25 (via 1-17-25 ex parte order)

Case #23STCV09731

Trial Date: 10-6-25 c/f 6-23-25 c/f 1-13-25

DEPOSITION

MOVING PARTY: Defendant, County of Los Angeles

RESPONDING PARTY: Plaintiff, Kourtney Kuder

RELIEF REQUESTED

Motion to Compel the Deposition of Plaintiff

SUMMARY OF ACTION

On May 1, 2023, Plaintiff Kourtney Kuder filed a complaint against Defendant Los Angeles County for 1. Discrimination In Violation of Government Code §§ 12940 et seq.; 2. Harassment in Violation of Government Code §§ 12940 et seq.; and, 3. Failure To Prevent Discrimination and Harassment in Violation of Government Code § 12940(k). Defendant answered on May 31, 2204.

RULING: Granted.

Defendant Los Angeles County moves to compel the deposition of Plaintiff Kourtney Kuder. Plaintiff in opposition maintains Defendant continued the April and May 2024, depositions. While the December 2024, date was cancelled, new counsel substituted into the case, and Plaintiff represents an agreed upon date of March 27, 2025. Plaintiff requests the court refrain from imposing sanctions. Defendant in reply reiterate Plaintiff’s own obstreperous conduct necessitating the motion. Defendant also addressed the demand for production of certain electronic SMS text messages, which Defendant now contends were deleted, thereby constituting spoliated evidence. Defendant emphasizes the request for sanctions.

A party may file a motion to compel deposition upon a non-appearance of the noticed party. “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, or to proceed with it … the party giving the notice may move for an order compelling the deponent's attendance and testimony…” (Code Civ. Proc., §2025.450, subd. (a).) A party must object to a deposition no less than three calendar days before deposition date. (Code Civ. Proc., §2025.410, subd. (b).)

The motion complies with the procedural requirements, and the court cannot deny the lack of deposition after nearly a year of trying to schedule a date. The issues with the three prior deposition attempts remain somewhat disputed, but Plaintiff presents an agreed upon date of March 27, 2025. The court therefore grants the motion in order to ensure the deposition takes place on March 27, 2025. The court issues this order in context of Plaintiff’s prior refusal to cooperate in discovery thereby necessitating previous court intervention as well.

If for ANY reason the deposition fails to go forward on March 27, 2025, the parties are ordered to meet and confer on a new deposition date no later than 10 days from March 27, 2025, with the deposition to be completed no later than 20 days from the date of the lapse of the 10 day meet and confer period. If the parties are unable to agree, Defendant may unilaterally pick a date, attempt to conduct the deposition, and take a subsequent notice of non-appearance, if applicable. If Plaintiff fails to appear again after the setting of the date either voluntarily agreed upon or unilaterally set by Defendant, any subsequent non-appearance may constitute grounds for an evidentiary, issue or even terminating sanction (dismissal of the action) against Plaintiff. (Code Civ. Proc., § 2025.450, subd. (h).)

Any positions regarding spoliation of evidence may be raised in a SEPARATELY noticed motion, rather than in reply on a motion to compel deposition. (Evid, Code, § 413; Cedars-Sinai Med. Ctr. v. Superior Court (1998) 18 Cal.4th 1, 11, 17-18; New Albertsons, Inc. v. Sup. Ct. (2008) 168 Cal.App.4th 1403, 1431; Williams v. Russ (2008) 167 Cal.App.4th 1215, 1223, 1227; Coprich v. Superior Court (2000) 80 Cal.App.4th 1081, 1089–1090; See CACI 204.)

Given the substitution of new counsel on January 31, 2025, the court declines to impose sanctions. The court declines to joint and severally sanction new counsel for the conduct of prior counsel and Plaintiff presumably following the advice of prior representation. County of Los Angeles otherwise shows no incurrence of costs, such as a certificate of non-appearance. (Code Civ. Proc., §2025.450, subd. (g).)

The motions to compel Further Responses to Request for Admissions on calendar for March 13, 2025 (advanced from June 25, 2025, via the January 17, 2025 ex parte order), Motion to Compel Further Responses to Form Interrogatories on April 1, 2025, (advanced from July 16, 2025, via the January 17, 2025, ex parte order), were taken off-calendar by notices filed on February 24, 2025. Trial date now set for October 6, 2025 (continued from June 23, 2025, via the January 17, 2025 ex parte order).

Defendant to provide notice.