Judge: Thomas D. Long, Case: 20STCV31098, Date: 2023-12-21 Tentative Ruling

Case Number: 20STCV31098    Hearing Date: December 21, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Kincy Fields, Mekigh Fields, and Abriona Young-Fields served Grigor Harutanian a subpoena for a deposition date of September 22, 2023.  On September 11, 2023, Dr. Harutanian told Plaintiffs’ counsel via email that he needed the deposition to start sixty to ninety minutes later.  (Nava Decl., Ex. D.)  He also instructed, “Payment is due in my office prior to the deposition date and time so that this time can be cleared for me to be available.”

On September 28, 2023, Plaintiffs’ counsel asked Dr. Harutunian why he did not appear for his scheduled deposition, and he requested alternative dates.  A few days later, Dr. Harutunian responded, “I could not make that date and time due to a personal matter.  Is there ANY reason I have not received payment from you like agreed upon prior to this deposition date?”  Dr. Harutunian then quoted Code of Civil Procedure section 2034.460.

On November 28, 2023, Plaintiffs filed a motion to compel Dr. Harutunian’s deposition.

“If the party noticing the deposition fails to tender the expert’s fee under Section 2034.430, the expert shall not be deposed at that time unless the parties stipulate otherwise.”  (Code Civ. Proc., § 2034.460, subd. (b).)

It is apparent from Dr. Harutunian’s email that Plaintiffs failed to tender his fee before the deposition date.  Plaintiffs do not argue otherwise.  Accordingly, his failure to attend the deposition was proper.

There is no record of any other deposition subpoena served on Dr. Harutunian.  Although Plaintiffs contend that Dr. Harutunian is not cooperating with providing dates for scheduling a deposition, that is not a ground for a motion to compel deposition.  The Court is guessing that Plaintiffs subscribe to the common belief that depositions cannot be noticed until after a date is agreed on by the parties and that to do otherwise is to “unilaterally” set the deposition which is improper.  It is not improper to “unilaterally” pick a date.  And pick a date you must in order to have a proper notice.

Because Dr. Harutunian has not failed to appear for a properly noticed deposition, the motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 21st day of December 2023