Plaintiff Harbor Green Grain LP’s Motion to Compel Pepe’s Towing LLC’s Attendance and Testimony for a Deposition is DENIED. Plaintiff failed to demonstrate compliance with CCP § 2025.450(b)(2).
Harbor Green served a notice of deposition upon Defendant Pepe’s Towing, LLC via regular mail on October 3, 2016, which set the deposition for October 18, 2016. (Pinegar Decl. ¶ 4, Ex. 2.) Pinegar, the legal assistant to Harbor Green’s counsel, attests to sending an email to and leaving a voicemail message for Defendant Pepe’s Towing’s counsel prior to serving the deposition notice. (Pinegar Decl. ¶¶ 2-3.) Defendant’s counsel never responded to either message. (Id.) Harbor Green’s counsel Jason Yang and co-defendants’ counsel, Joshua Shuster, appeared at the scheduled deposition on October 18, 2016. (Yang Decl. ¶ 5.) Neither Defendant Pepe’s Towing’s PMK nor its counsel appeared at the deposition. (Id.)
The motion must be accompanied by a good faith meet and confer declaration under
Hearing Date
January 04, 2017
Type
Contractual Fraud (General Jurisdiction)
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Plaintiff Harbor Green Grain LP’s Motion to Compel Pepe’s Towing LLC’s Attendance and Testimony for a Deposition is DENIED. Plaintiff failed to demonstrate compliance with CCP § 2025.450(b)(2).
Harbor Green served a notice of deposition upon Defendant Pepe’s Towing, LLC via regular mail on October 3, 2016, which set the deposition for October 18, 2016. (Pinegar Decl. ¶ 4, Ex. 2.) Pinegar, the legal assistant to Harbor Green’s counsel, attests to sending an email to and leaving a voicemail message for Defendant Pepe’s Towing’s counsel prior to serving the deposition notice. (Pinegar Decl. ¶¶ 2-3.) Defendant’s counsel never responded to either message. (Id.) Harbor Green’s counsel Jason Yang and co-defendants’ counsel, Joshua Shuster, appeared at the scheduled deposition on October 18, 2016. (Yang Decl. ¶ 5.) Neither Defendant Pepe’s Towing’s PMK nor its counsel appeared at the deposition. (Id.)
The motion must be accompanied by a good faith meet and confer declaration under