Judge: Yolanda Orozco, Case: 21STCV17851, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV17851    Hearing Date: January 5, 2023    Dept: 31

MOTION TO COMPEL DEPOSITION OF

ROBERT CANIZALEZ IS CONTINUED 

BACKGROUND 

On May 12, 2021, Plaintiff Aubrey Williams filed a Complaint against Thermal Air Conditioning, Inc. (“Thermal Air”); and Robert Canizalez (“Canizalez”). The Complaint alleges causes of action for: 

1) Sex and/or Gender Discrimination (Gov. Code §§ 12940, et seq.);

2) Sexual Harassment (Gov. Code §§ 12940, et seq.);

3) Failure to Prevent and/or Remedy Discrimination and Harassment (Gov. Code §§ 12940, et seq.);

4) Negligent Supervision and Retention;

5) Wrongful Constructive Termination in Violation of Public Policy; and

6) Failure to Pay All Wages Earned Upon Discharge (Labor Code §§ 201-203). 

On October 11, 2022, this Court granted Defense counsel Leonard Brazil’s request to be relieved as counsel for Defendants Thermal Air and Canizalez.

On September 13, 2022, Plaintiff filed a Motion to Compel the deposition of Defendant Robert Canizalez with Production of Documents and request for Monetary Sanctions in the amount of $3,436.65.

On December 14, 2022, Jonathan D. Nicol entered his appearance as counsel for Defendants.

 Legal Standard 

Code of Civil Procedure section 2025.450, section (a) states in the relevant part:¿¿¿¿ 

¿¿¿ 

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”¿ ¿¿¿ 

(Code Civ. Proc., § 2025.450, subd. (a).) 

The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).)¿¿¿¿ 

 Discussion 

On December 15, 2022, this Court continued the hearing on Plaintiff’s motions to compel because the motions and request for sanctions were served on Defendant’s former counsel rather than on Defendants themselves. 

Therefore, it is unclear if the Defendants have notice of this motion. Accordingly, Plaintiff is ordered to file an updated proof of service showing that the motion was served on Defendants and Jonathan D. Nicol, along with an updated meet and confer declaration. (See Code Civ. Proc., § 2025.450, subds. (b)(1), (2).)¿¿¿¿ 

Moving party to give notice. 

Conclusion

The hearing is CONTINUED to February 16, 2023. Plaintiff is ordered to provide an updated meet and confer declaration and Proof of Service upon Defendants and Jonathan D. Nicol. 

Moving party to give notice.