Judge: Theodore R. Howard, Case: 22-1239846, Date: 2022-11-10 Tentative Ruling

Defendant/Cross-Complainant Medlink Medical Transport, Inc. (“Medlink”) Motion to Compel Cross-Defendant, Lori Ann Conti (“Conti”) to Appear for Deposition is GRANTED. Medlink properly noticed the deposition of Conti on June 22, 2022.  Instead of appearing for the properly noticed deposition (CCP § 2025.280), Conti served objections based solely on her Fifth Amendment right against self-incrimination.  She subsequently refused to appear for deposition, and a notice of non-appearance was taken.

While Conti’s Fifth Amendment objection may or may not be appropriate in the present lawsuit, it is inappropriate at this time as it was not asserted as to specific questions, but rather to the deposition as a whole.  The Fifth Amendment privilege is not a valid blanket objection to entirely refusing to appear for a properly noticed deposition.  Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 308.

 “Federal cases also establish that “[t]here is no blanket Fifth Amendment right to refuse to answer questions in noncriminal proceedings” [Citations] and that “[t]he privilege must be specifically claimed on a particular question and the matter submitted to the court for its determination as to the validity of the claim.”  Warford v. Medeiros (1984) 160 Cal.App.3d 1035, 1044–45.  In other words, given there were no objectionable issues raised to the deposition notice (CCP § 2025.410), and given that Conti did not move this court for a protective order (CCP § 2025.420), she was required to appear for the properly noticed deposition.  If, at that time, there were specific questions that the Fifth Amendment might have applied to, then Conti could assert that privilege to those specific questions.  However, as Conti simply and improperly refused to appear for her deposition altogether, Medlink’s Motion is proper and must be granted

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The court does note that there is a pending motion to stay this matter until after a parallel criminal matter has concluded, however, that matter will not be before this court until 04/13/23, at which time the court will hear arguments related to those specific issues.

Medlink also seeks monetary sanctions in the amount of $4,769.25.  The court finds this amount to be excessive for the uncomplicated issues raised in the Motion.  Accordingly, the court imposes a reduced monetary sanction of $2,878.25 in favor of Medlink and against Conti.  (C.C.P. § 2025.450(g)(1).)

Conti is ordered to appear for her deposition within 21 days of service of notice of the court’s ruling.  Conti is also ordered to pay sanctions in the amount of $2,878.25 within 21 days of service of the court’s ruling.

Counsel for Medlink to give notice.