Judge: William A. Crowfoot, Case: 19STCV05450, Date: 2022-10-20 Tentative Ruling

Case Number: 19STCV05450    Hearing Date: October 20, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 4, 2019, plaintiff Margarito Garcia (“Plaintiff”) filed this action against defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) arising from an automobile collision that occurred on or about April 11, 2018.

On September 26, 2022, Plaintiff filed this motion to compel the deposition of Defendant’s purported employee, Leoncio Sia (“Sia”).  Plaintiff also requested monetary sanctions in the amount of $3,500. 

On October 13, 2022, Defendant filed an opposition brief arguing that the motion was improper because: (1) the deposition was already scheduled for October 26, 2022, and (2) Sia is not a current employee of Defendant. 

“The service of a deposition notice . . . is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.”  (Code Civ. Proc., § 2025.280, subd. (a).)  Former employees are not required to attend a deposition unless subpoenaed.  (Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390.) 

Plaintiff did not file a reply brief responding to Defendant’s argument that an order compelling Sia’s attendance was required or that Defendant should be sanctioned even if the deposition has been scheduled.  Defense counsel has also declared that he was unable to communicate with Sia regarding the scheduling for his deposition until September 19, 2022, when Sia advised him that he had retired from his employment with Defendant in 2020.  (Wyatt Decl., ¶ 4.) 

In light of the foregoing, Plaintiff’s motion is DENIED.  Plaintiff’s request for sanctions is also DENIED. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.