MOTION TO COMPEL PLAINTIFF’S DEPOSITION

(CCP §2025.450)

Date: 6/29/20 (2:00 PM)

Case: Shong-Ching Tong v. David Huang, M.D., et al. (19 GDCV00233)

TENTATIVE RULING:

Defendants David Huang, M.D., Sarah P. Du, Wei-Tung Kao, and Pacific Orthopedic Medical Group, Inc. dba Pacific Orthopaedic Associates’ Motion to Compel the Deposition of Plaintiff Shong-Ching Tong is GRANTED.

Defendants served a deposition notice on plaintiff with the deposition set to take place on January 31, 2020. (Powell Decl. ¶ 7 & Ex. B.) Prior to the deposition, beginning on January 28, 2020, defendants’ counsel attempted to reach plaintiff by phone and overnight mail to confirm plaintiff’s intent to appear at the deposition. (Powell Decl. ¶¶ 8-12 & Exs. B-D; Lekhliyan Decl. ¶¶ 3-10.)

Plaintiff did not appear for deposition on January 31, 2020. (Powell Decl. ¶¶ 14-15 & Ex. E.) On February 4, 2020, defendants’ counsel mailed plaintiff a letter regarding his nonappearance and to reschedule his deposition. (Powe