Code of Civil Procedure section 2025.270(d) states:
On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition....
PLAINTIFFS' EX PARTE APPLICATION FOR ORDER COMPELLING DEPOSITION The Court has reviewed Plaintiffs’ ex parte application and the declarations and exhibits in support thereof.
Los Angeles County, CA
(At the ex parte hearing on 8/25/20, Globe indicated a date for their witness’ deposition has been agreed upon and the motion would be moot as to Globe.) Plaintiff is not willing to waive his right to conduct an in-person deposition.
Los Angeles County, CA
For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion. … (e) This section specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Form of the deposition notice includes service of notice (CCP 2025.210); contents of the deposition notice (CCP 2025.220), if the deponent is not a natural person the notice must describe matters for examination with reasonable particularity (CCP 2025.230); notice to the parties (CCP 2025.240); location of deposition (CCP 2025.250, 2025.260); date of deposition (CCP 2025.270); service of notice upon deponents, production of documents and ESI (CCP 2025.270); time limits (CCP 2025.290 and health of deponent (CCP
Orange County, CA
First, on September 4, 2019, LACC served a deposition subpoena for production of business records on LAPD, requesting the production of the entire investigation file regarding Case File No. LAPD DR 17-12-01016 for any and all information reflecting, relating or in any way concerning the September 26, 2017 sexual assault incident at the School involving Plaintiff and Davis. (Rothenberger Decl., Ex. A.)
Personal Injury/ Tort
other
Los Angeles County, CA
The Friday before the scheduled deposition, Plaintiffs claimed that they would not appear for a second time because of their counsel’s purported need to “familiarize” himself with the case even though counsel’s firm had agreed to the new date. (Balladares Decl. ¶ 7, Ex. G.) Based on this evidence, it is clear that Plaintiffs’ dilatory conduct has caused Kia to file motion.
Los Angeles County, CA
Plaintiff’s requests for terminating, issue, or evidentiary sanctions and a daily preemptive fine is denied. The court would have ordered defendant to pay monetary sanctions, had plaintiff asked. Defendant shall give notice. Motion to Compel PMK Deposition Plaintiff’s motion to compel PMQ deposition is denied. The deposition notice was untimely. (See Code Civ. Proc., §§ 2025.270, subd. (a) [10 days prior to deposition], 2016.050, 1013, subd. (a) [5 days’ extension for service by mail]; see also Ex. 1.)
Orange County, CA
Defendants also rely on CCP § 2025.270 (d), which states: “(d) On motion or ex parte application of any party or deponent, for good cause shown, the court may shorten or extend the time for scheduling a deposition or may stay its taking until the determination of a motion for a protective order under Section 2025.420.” These motions were evidently never made to preserve the right to take the depositions after counsel for defendants voluntarily did not proceed with them.
Los Angeles County, CA
Instead, Corona argues that this motion should be denied because Plaintiff failed to (1) timely serve the deposition notice and (2) comply with this motion’s meet-and-confer requirement. Both points are well-taken. First, “[a]n oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.” (CCP § 2025.270.)
Other
Intellectual Property
Los Angeles County, CA
Plaintiff and several other parties appeared at the deposition, but not defendant. Wu Decl., Ex. I. SANDAG incurred $550 in costs. Wu Decl., ¶ 12. If a party fails to appear for a noticed deposition without having served a valid objection, the party giving notice may move for an order compelling the deponent's attendance. Code Civ. Proc., § 2025.450, subd. (a).
Real Property
Breach
San Diego County, CA
Pursuant to CRC Rule 5.94(a), on October 8, 2019, the Court granted Defendants’ ex parte application to advance hearing date on motion to compel. The hearing date for the instant motion was thus not required to be set at least sixteen court days after the granting of the ex parte application. Accordingly, the Court considers the motion on its merits.
Employment
Wrongful Term
Los Angeles County, CA
As to the motion for protective order, CCP section 2025.270 provided Defendants with a viable solution. That section states in relevant part: “On motion or ex parte application of any party or deponent, for good cause shown, the court … may stay [a deposition’s] taking until the determination of a motion for protective order under Section 2025.420.” (CCP § 2025.270(d).) Defendants did not utilize this procedure.
Employment
Wrongful Term
Los Angeles County, CA
Andersen’s motion to compel production without objections of documents requested at deposition is DENIED. On July 5, 2019, Todd originally served a notice of taking of deposition. (Roberts Decl., ¶ 2, Ex. A.) On July 16, 2019, Todd served a re- notice of taking depositions and request for production of documents. (Id., ¶ 3, Ex. B.) On August 2, 2019, Todd sent an amended re-notice of taking depositions and request for production of documents. (Id., ¶ 4, Ex. C.)
Napa County, CA
Counsel for Nguyen is instructed to come prepared to the hearing with two dates and times Nguyen can submit to deposition within 5 days of the hearing. The date and time for Nguyen’s deposition will be placed on the record at the time of the hearing. The place of deposition will be Plaintiffs’ counsel’s office. As to Non-Party Trinh On August 2, 2019, the court granted Plaintiffs’ Ex Parte Application to Allow Service of Deposition Subpoena on Kevin Trinh by Method Other than Personal Service.
Personal Injury/ Tort
Fraud
Los Angeles County, CA
(Sweatt Decl. at ¶ 3, Ex. A.) On December 18, 2018, defendant Stephenson served discovery responses. (Peretz Decl. at ¶ 6; Sweatt Decl. at ¶ 4.) On January 18, 2019, Platinum served defendant Stevenson with an Amended Notice of Deposition which also included a request to produce documents. (Peretz Decl. at Ex. 3.) The deposition was set for January 30, 2019. Stevenson did not appear and testify at deposition.
Presiding
Santa Clara County, CA
Order dated February 20, 2019, granting Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about February 20, 2019; (6) Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about May 14, 2019; (7) Court's Order dated February May 14, granting Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about February 20, 2019; and (8) Plaintiff Setareh's Motion to Compel
Los Angeles County, CA
Order dated February 20, 2019, granting Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about February 20, 2019; (6) Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about May 14, 2019; (7) Court's Order dated February May 14, granting Ex Parte Application to Continue Trial and Motion for Summary Judgment Date filed in this Action on or about February 20, 2019; and (8) Plaintiff Setareh's Motion to Compel
Los Angeles County, CA
Under Code of Civil Procedure section 2025.270(c), “if, as defined in Section 1985.4 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date at least 20 days after issuance of that subpoena.”
Los Angeles County, CA
Under Code of Civil Procedure section 2025.270(c), “if, as defined in Section 1985.4 or 1985.6, the party giving notice of the deposition is a subpoenaing party, and the deponent is a witness commanded by a deposition subpoena to produce personal records of a consumer or employment records of an employee, the deposition shall be scheduled for a date at least 20 days after issuance of that subpoena.”
Los Angeles County, CA
Second, on March 05, 2019, LHC filed an Ex Parte Application for an order appointing discovery referee, to which all Defendants stipulated, to oversee all future discovery matters. The motion was set for expedited hearing on March 07, 2019, and then reset for April 09, 2019. LHC timely supplemented the Ex Parte Application on March 15, 2019.
Los Angeles County, CA
“An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice.” Code Civ. Proc. §2025.270(a). Plaintiff protests that notice was inadequate because Dr. Abdollahi’s deposition was to move forward on 01/12/19, and her counsel had insufficient notice of that date. Plaintiff is the party who served a notice of Dr. Abdollahi’s deposition on 01/3/19, and set the date for 01/13/19. (See Henderson Decl., Ex. E.)
Orange County, CA
Alai) unopposed Motion for Temporary Restraining Order (TRO) and Injunctive Relief and Request for Monetary Sanctions (filed on 2-13-19) is DENIED. The court GRANTS judicial notice of the 7-6-18 Minute Order, in Case No. 30-2018-01002061. The court takes judicial notice of the Notice of Ruling dated 7-6-18 and the 7-3-18 Ex Parte Application in this case. Each of the above documents are court records which are subject to judicial notice pursuant to Evidence Code section 452, subdivision (d).
Orange County, CA
Defendant noticed Plaintiff’s PMQ deposition on August 8, 2018 naming 8 subject matters for testimony and containing 23 document requests (the “Depo Notice”). (Coopersmith Decl. ¶ 4 & Ex. B.) Defendant unilaterally chose August 24, 2018 as the deposition date but Plaintiff did not object or appear at the deposition. (Coopersmith Decl. ¶¶ 6-7 & Ex. C.)
Sonoma County, CA
These depositions were taken off-calendar when the trial date was continued and set for October 31, 2017. (Ibid.) Haw attests that Plaintiff again noticed depositions on September 11, 2017 to take place on September 22, 2017. (Id. at ¶ 5, Ex. 2.) These deposition notices were served by personal service at least 10 days prior to the date of the depositions. (Haw Decl. Ex. 2; see also Code Civ. Proc., § 2025.270.) Defendant served objections to the deposition notices on September 18, 2017 by mail.
Los Angeles County, CA
Plaintiff’s vehicle is a tangible thing, and the deposition notice was served in a reasonably timely manner pursuant to Code of Civil Procedure section 2025.270 and section 2025.280. Further, the Court finds that the Declaration of Christopher Fisher sufficiently evidences Defendants’ good faith efforts to meet and confer regarding the scheduling of the deposition pursuant to Code of Civil Procedure section 2025.450, subdivision (b)(2).
Los Angeles County, CA
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