Judge: Yolanda Orozco, Case: 21STCV30813, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV30813    Hearing Date: December 7, 2022    Dept: 31

MOTION TO COMPEL DEPOSITION AND

PRODUCE REQUESTED DOCUMENTS IS GRANTED 

Background 

On August 20, 2021, Derek Carl Ebert (“Plaintiff”) filed an action against DL English Design Studio (“Defendant”) and Does 1 through 20 based on wrongful termination. 

On April 6, 2022, Plaintiff’s counsel filed a motion to be relieved as counsel. (Valenti Decl. ¶ 9.) The motion was granted on May 24, 2022. (Id. ¶ 11.) 

On August 30, 2022, Defendant filed a Motion to Compel Plaintiff to Appear at his deposition and to produce requested documents. 

No opposition or reply has been filed. 

Legal Standard 

Code of Civil Procedure section 2025.450, section (a) provides:¿¿¿ 

¿¿ 

“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).)¿¿¿ 

¿¿ 

A motion under Section 2025.450, subdivision (a), must set forth specific facts showing good cause justifying the production of the requested documents in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (b)(1).) Good cause is construed liberally and has been found where documents are necessary for trial preparation. (See Associated Brewers Dist. Co. v. Superior Court 1967) 65 Cal.2d 583, 587.) The motion must also “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce documents…by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).)¿ 

Discussion 

Defendant served Plaintiff with Notice of Deposition with Request for Production of Documents via electronic service on or about March 28, 2022. (Valenti Decl. ¶ 6, Ex. A.) The deposition was set for May 24, 2022. (Id. ¶ 7.) After Plaintiff’s counsel asked to be relieved as counsel, Plaintiff requested that his deposition be taken off calendar and rescheduled. (Id. ¶ 9, Ex. B.) The Court granted Plaintiff’s counsel’s request to be relieved as counsel on or about May 24, 2022. (Id. ¶ 11.) 

On or about July 15, 2022, Defendant served Plaintiff directly with an Amended Notice of Deposition with a Request for Production of Documents set for July 29, 2022. (Valenti Decl. ¶ 13, Ex. C.) Plaintiff failed to object to the Amended Notice of Deposition with Request for Production of Documents nor did Plaintiff object to any of the requests for production of documents as contained in the Amended Notice. (Id. ¶ 15.) Plaintiff failed to appear at his deposition on July 29, 2022. (Id. ¶ 16, Ex. D.) 

On August 09, 2022, Defendant sent a meet and confer letter to Plaintiff regarding his failure to appear for a properly noticed deposition, but as the filing of this motion, Plaintiff has not responded nor agreed to appear for his deposition. (Valenti Decl.  ¶¶ 17, 18, Ex. E.) 

Trial is set for January 30, 2023, and Defendant will be prejudiced if discovery is not completed.  

Based on the foregoing, the Motion is GRANTED. 

Conclusion 

Defendant’s Motion to Compel the Plaintiff to Appear at Deposition and Produce Requested Documents is GRANTED. Plaintiff is ordered to produced responsive records within 30 days and appear at deposition within 45 days. 

defendant to give notice.