Shelton’s (Defendant/Cross-Complainant) Motion to Compel Deposition of Fenn Termite’s (Plaintiff/Cross- Defendant) Employee.
Jason Shelton moves for (1) an order compelling the attendance of Fenn Termite’s employee, Sonia Iniguez, at a deposition; (2) sanctions of $13,905; and (3) an order finding Iniguez in contempt.
The court orders cross-defendants to produce Ms. Iniguez for a deposition within 10 days and awards sanctions of $13,830 against cross-defendants. The court denies the request for a finding of contempt against Ms. Iniguez.
Usually, a party may compel the deposition of a party-affiliated witness, e.g., an employee, via a Notice of Deposition pursuant to CCP §2025.220(a). However, a deposition subpoena under CCP §2020.020(c) may likewise command the attendance of an employee deponent and production of records. A deposition subpoena is not limited to nonparty witnesses. Therefore, cross-defendants’ objection to producing Ms. Iniguez on the ground that Shelton did not serve a