Judge: William A. Crowfoot, Case: 21STCV41682, Date: 2022-08-30 Tentative Ruling

Case Number: 21STCV41682    Hearing Date: August 30, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JUANA FLORES,

                   Plaintiff(s),

          vs.

 

A & A HEARING AIDS, INC.,

 

                   Defendant(s),

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      CASE NO.: 21STCV41682

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION

 

Dept. 27

1:30 p.m.

August 30, 2022

 

I.       INTRODUCTION

          On November 12, 2021, Plaintiff Juana Flores commenced this action against A & A Hearing Aids, Inc. for premises liability arising out of a trip and fall.

On June 21, 2022, Defendant filed the instant motion to compel Plaintiff’s deposition.

II.      LEGAL STANDARDS

Pursuant to CCP § 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document.  (CCP § 2025.450(a).)  A motion to compel the deposition of a party to the action must be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.  (CCP § 2025.450(b)(2).) 

III.     DISCUSSION

As Plaintiff points out in opposition, Defendant has not filed a sufficient meet and confer declaration as required by CCP § 2025.450(b)(2). Defense counsel’s declaration provides that on June 17, 2022 (which was the date of the missed deposition), counsel spoke with Plaintiff’s counsel about the non-appearance and stated she would be filing a motion because no additional dates had been provided in good faith to resolve the matter. (Leeper Decl., ¶6.) This does not appear to be a sufficient meet and confer declaration as counsel appears to just have told Plaintiff’s counsel that they would be filing a motion. Plaintiff confirms this in her opposition. (Opp., 3:14-24.) Plaintiff’s counsel also represents that the parties are working in good faith to have the deposition completed soon.

Accordingly, the Court finds that Defendant has not satisfied its meet and confer requirements. The motion is CONTINUED for the parties to meet and confer to resolve this issue.

IV.     CONCLUSION

The motion is CONTINUED to September 20, 2022 at 1:30 p.m.

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.