Judge: Steven A. Ellis, Case: 22STCV20863, Date: 2024-12-19 Tentative Ruling

Case Number: 22STCV20863    Hearing Date: December 19, 2024    Dept: 29

Chavez v. Tuggle
22STCV20863
Defendant’s Motion to Compel the Deposition of Plaintiff Johnish Harrison

Tentative

The motion is DENIED WITHOUT PREJUDICE.

Background

On June 27, 2022, Plaintiffs Jennifer Chavez and Johnish Harrison (collectively “Plaintiffs”) filed their complaint against Jacqueline Tuggle (“Defendant”), Keishia Caldwell, and DOES 1 through 50, for a negligence cause of action.

On October 30, 2023, Defendant filed an answer. On December 27, 2023, Defendant filed a cross-complaint against Jennifer Chavez. On May 8, 2024, the cross-complaint was dismissed.

On November 27, 2024, Defendant filed the motion to compel the deposition of Plaintiff Johnish Harrison. No opposition has been filed.

Legal Standard

Code of Civil Procedure § 2025.450(a) provides:

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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, electronically stored information, or tangible thing 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, electronically stored information, or tangible thing described in the deposition notice.”

 The motion shall “(1) set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “(2) 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.” (Code Civ. Proc. § 2025.450(b).)

“Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.” (Code Civ. Proc. § 2025.410(a).)

“A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. § 2016.040.)

A court shall impose monetary sanctions in favor of the moving party if the motion to compel is granted, unless “the one subject to sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450(g)(1).)

Discussion

Defendant seeks an order compelling Plaintiff Johnish Harrison to appear for deposition under Code of Civil Procedure section 2025.450.

However, Defendant’s motion is untimely. A motion to compel deposition needs to be served and filed 16 court days before the hearing. (Code Civ. Proc., § 1005.) For a hearing on December 19, 2024, the deadline to serve and file was November 25; Defendant served and filed on November 27. Further, an additional two days for served would be necessary as the motion was electronically served. (Code Civ. Proc. § 1010.6.)

Accordingly, Defendant’s motion to compel the deposition of Johnish Harrison is DENIED WITHOUT PREJUDICE.

Conclusion

The Court DENIES WITHOUT PREJUDICE the motion to compel Plaintiff Johnish Harrison’s deposition filed by Defendant Jacqueline Tuggle.

Moving party is ORDERED to give notice.