Motion to Compel Deposition of Non-Party Alexis Herrera
Discovery from a nonparty is by deposition subpoena. CCP §2020.010; Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130. The motion demonstrates proper service of a deposition subpoena, absence of objection, deponent’s failure to appear, and sufficient efforts by the noticing party to meet and confer. The motion has since been properly served on the deponent per CRC Rule 3.1346. There is no opposition filed, and no indication as to whether the deponent will ever participate. Given that the deponent is related to the plaintiff, it seems deponent would want to participate and help, but so far there is no word on that.
When a non-party deponent fails to heed a subpoena, the noticing party has the following options: the requesting party has four options: (1) Do nothing. (2) File a “discovery” motion for monetary sanctions and/or a motion to compel compliance. (3) Petition the court for an order to show cause re: civil conte
Hearing Date
December 01, 2016
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Motion to Compel Deposition of Non-Party Alexis Herrera
Discovery from a nonparty is by deposition subpoena. CCP §2020.010; Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130. The motion demonstrates proper service of a deposition subpoena, absence of objection, deponent’s failure to appear, and sufficient efforts by the noticing party to meet and confer. The motion has since been properly served on the deponent per CRC Rule 3.1346. There is no opposition filed, and no indication as to whether the deponent will ever participate. Given that the deponent is related to the plaintiff, it seems deponent would want to participate and help, but so far there is no word on that.
When a non-party deponent fails to heed a subpoena, the noticing party has the following options: the requesting party has four options: (1) Do nothing. (2) File a “discovery” motion for monetary sanctions and/or a motion to compel compliance. (3) Petition the court for an order to show cause re: civil conte