Motion to Compel Deposition (Oral or Written)
Ruling:
Off Calendar – no hearing will be held. Defendants Yuanjing Zhang and Duanjin Zheng’s Motion to Compel Deposition of Plaintiff Jo Ann McCullough is CONTINUED to 9-15-2020, Dept. C11, at 2 pm.
The parties are ordered to further meet and confer as to Plaintiff Jo Ann McCullough’s legal capacity and whether appointment of guardian ad litem is necessary.
Defendants Yuanjing Zhang and Duanjin Zheng (collectively “Defendants”) submit evidence that Plaintiff Jo Ann McCullough (“Plaintiff”) failed to appear at her properly noticed deposition on 1-30-2020, and defense counsel attempted to meet and confer, but the deposition of Plaintiff has not been taken. (See Motion, Meininger Decl., ¶¶ 3-7, Exhs. C-D.)
Plaintiff, in opposition, submits evidence counsel for Plaintiff objected to the deposition because Plaintiff has been diagnosed with dementia, and also because she is in extreme pain and it is very difficult for her to sit for long periods