Judge William A. Crowfoot, Case Number: 24AHCV00292, Date: 2025-03-20 Tentative Ruling

Judge: William A. Crowfoot, Case: 24AHCV00292, Date: 2025-03-20 Tentative Ruling

On October 2, 2024, defendants Powell Constructors, Inc. and John Joseph Marquez (collectively, “Defendants”) filed this motion for an order compelling the deposition of plaintiff Melissa Katindig Gonzalez (“Plaintiff”) in this action arising from a motor vehicle accident.

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).) In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. (Code Civ. Proc., § 2025.410, subd. (c).)

“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).)

This motion is unopposed and it is undisputed that Plaintiff was served with a deposition notice on June 28, 2024, and objected on grounds of availability on July 5, 2024. Yet, Plaintiff failed to meet and confer to provide any available dates even though defense counsel sent emails and letters in both August and September. Therefore, Plaintiff has not shown that her objections were valid and the motion is GRANTED.

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).)

The motion and request for sanctions are GRANTED. Plaintiff is ordered to appear for her deposition within 20 days of the date of this Order. Plaintiff is also ordered to pay sanctions in the amount of $60, consisting of the filing fee for this motion, within 20 days of the date of this Order.

William A. Crowfoot

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.