Judge: William A. Crowfoot, Case: 19STCV29616, Date: 2022-10-26 Tentative Ruling


Case Number: 19STCV29616    Hearing Date: October 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LEONARDO TEDJEDA, et al.,

                   Plaintiff(s),

          vs.

 

ANTHONY MERSOLA,

 

                   Defendant(s).

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      CASE NO.: 19STCV29616

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION OF PLAINTIFF LEONARDO TEDJEDA; REQUEST FOR SANCTIONS  

 

Dept. 27

1:30 p.m.

October 26

 

          On August 20, 2019, plaintiffs Leonardo Tedjeda (“Plaintiff”) and Yvonne Tejeda (“Tejeda”) filed this action against defendant Anthony Mersola (“Defendant”) arising from a motor vehicle collision that occurred on August 20, 2017.  On September 21, 2022, Defendant filed this motion for an order compelling the deposition of Plaintiff and imposing monetary sanctions on Plaintiff and counsel, jointly and severally.

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.  (Code Civ. Proc., § 2025.010.)  A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.  (Code Civ. Proc., § 2025.280, subd. (a).)  The party served with a deposition notice waives any error or irregularity unless that party promptly serves a written objection at least three calendar days prior to the date for which the deposition is scheduled.  (Code Civ. Proc., § 2025.410, subd. (a).)  “If, after service of a deposition notice, a party . . . without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.”  (Code Civ. Proc., § 2025.450, subd. (a).)  Where a motion to compel a party’s appearance and testimony at deposition is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust.  (Code Civ. Proc., § 2025.450, subd. (g)(1).) 

          Defendant contends he served a deposition notice on Plaintiff and purports to attach a copy of the notice and proof of service as Exhibit A.  However, no notice is included with Defendant’s moving papers.  Accordingly, the motion is DENIED without prejudice. 

         

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.