Mojab v. Lineberger, et al.

Plaintiff Sepehr Mojab’s motion for order compelling Defendant City of Tustin’s person most knowledgeable to appear at deposition, is denied.
Code of Civil Procedure, section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition the party giving notice may move for an order compelling the deponent’s attendance and testimony at deposition. The motion must be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040, or when the deponent fails to attend the deposition and produce the documents in the deposition notice, by a declaration stating that the moving party contacted the deponent to inquire about the nonappearance. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Such meet and confer declaration must show a reasonable and good faith attempt to informally resolve the issue. ........