Tentative Rulings

Case Number: BC652938    Hearing Date: November 20, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

BACKGROUND

Plaintiff Joey Villareal (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Victor Fragoza (“Fragoza”), who was driving a vehicle for Defendant California Intermodal Associates (“California Intermodal Associates”) (collectively, “Defendants”). Plaintiff moves to compel the depositions of Fragoza and the person most qualified to testify on behalf of California Intermodal Associates. Defendants oppose the motions. The motions are denied.

LEGAL STANDARD

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).)

DISCUSSION

Plaintiff’s counsel served deposition notices, and Defendants’ counsel served timely objections. (Declaration of Lauren S. Gafa, Exhs. A-D.) Then, the parties agreed to conduct the depositions on November 14, 2019. (Id., ¶ 10.) On November 7, 2019, Defendants’ counsel asked whether Plaintiff’s counsel intended to move forward with the depositions, and he did not respond. (Id., ¶ 12.) Plaintiff’s counsel also never confirmed a location. (Id., ¶ 11.) Plaintiff’s counsel never confirmed the depositions for November 14, 2019, and never sent out deposition notices. (Id., ¶ 13.) When Defendants’ counsel offered additional dates, Plaintiff’s counsel advised that new counsel would be substituting into the case, so he was unable to schedule anything. (Id., ¶¶ 14-15.) Based upon this record, it is clear there is no basis to grant the motion.

Both sides request sanctions. The Court awards sanctions to neither, as both parties bear responsibility for this dispute. Defendants’ counsel failed to cooperate sufficiently before the motion was filed, and Plaintiff’s counsel failed to cooperate sufficiently after the motion was filed. Therefore, an award of sanctions to either party would be unjust.

CONCLUSION AND ORDER

Plaintiff’s motions to compel depositions are denied. The Court denies both parties’ requests for sanctions. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 20, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court