Judge: Steven A. Ellis, Case: 22STCV15850, Date: 2024-06-14 Tentative Ruling

Case Number: 22STCV15850    Hearing Date: June 14, 2024    Dept: 29

Motion to Compel the Deposition of Prisoner and Defendant William Preston Karris filed by Defendant Universal Protection Service LP dba Allied Universal Security Services.

Tentative

The motion is granted.

Background

On May 12, 2022, Yunior Mardoquero Duran (a minor, by and through his Guardian ad Litem, Ernesto Duran), Celeste Marielos Duran, Conception Barrios, and Olga Adelina Ramos (collectively “Plaintiffs”) filed the complaint in this action against Allied Universal Risk Advisory and Consulting Services, In., William Preston Karris (“Karris”), Does 1 through 100, and Roes A through Z.  Plaintiffs bring a single cause of action for wrongful death arising out of an incident on August 19, 2021, in which, Plaintiffs allege, Defendant Karris killed Esvin Mardoquero Duran (“Decedent”).  Plaintiffs are the children, mother, and putative spouse of the Decedent.

On October 3, 2022, Plaintiffs amended the complaint to name Universal Protection Service LP dba Allied Universal Security Services (“Universal”) as Doe 1.

On November 21, 2022, Universal filed its answer.

On May 17, 2024, Universal filed this motion to compel the deposition of a prisoner, Defendant Karris. 

Legal Standard

Code of Civil Procedure section 1995 states: 

“If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows:  1.  By the court itself in which the action or special proceeding is pending, unless it be a small claims court.  2. By a justice of the Supreme Court, or a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court, or before a judge or other person out of court.” 

“Such an order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.”  (Code Civ. Proc., § 1996.)  “If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required.”  (Code Civ. Proc., § 1997.)  “In all other cases his examination, when allowed, must be taken upon deposition.”  (Id.)

Penal Code section 2623 states: 

“If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made.

1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.

2. By a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court or before a judge or other person out of court.

Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.  The deposition, when ordered, shall be taken in accordance with Section 2622.”

Discussion

Universal requests an order permitting it to take the deposition of an incarcerated person, Defendant Karris, pursuant to Code of Civil Procedure sections 1995 and 1996, and Penal Code sections 2622 and 2623.

The case arises out of the death of the Decedent on August 19, 2021. Plaintiffs allege that Defendant Karris, while an employee of Universal, shot and killed Decedent.  Defendant Karris is now incarcerated at the North County Correctional Facility, 29340 The Old Rd., Castaic, California, 91384. (McKenna Decl., ¶ 4.) Universal contends the testimony of Karris is material to this action as it is necessary to know his version of the events and the interaction with the Decedent before the shooting. (Id., ¶ 5.)

Universal has shown that there is good cause for the deposition and that the testimony of Defendant Karris material to this matter. No opposition has been filed.

Therefore, the Court GRANTS Universal’s motion.

Conclusion

The Court GRANTS Universal’s motion to take the deposition of an incarcerated person, Defendant William Preston Karris.

Moving party is ORDERED to give notice.