oscar eugenio martinez , Plaintiff, v. geraldo pineda lopez, Defendant.
Case No.: BC713597
Hearing Date: February 10, 2020
[TENTATIVE] order RE:
motion to compel deposition
Background
Plaintiff Oscar Eugenio Martinez (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Geraldo Pineda Lopez (“Defendant”). Defendant moves to compel the depositions of Plaintiff, which is not opposed. The motion is granted.
LEGAL STANDARD
Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).) Defendant has the right to take Plaintiff’s deposition and is entitled to take it without leave of court at any time. (See Code Civ. Proc., § 2025.210, subd. (a).)
D
Hearing Date
February 10, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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oscar eugenio martinez , Plaintiff, v. geraldo pineda lopez, Defendant.
Case No.: BC713597
Hearing Date: February 10, 2020
[TENTATIVE] order RE:
motion to compel deposition
Background
Plaintiff Oscar Eugenio Martinez (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Geraldo Pineda Lopez (“Defendant”). Defendant moves to compel the depositions of Plaintiff, which is not opposed. The motion is granted.
LEGAL STANDARD
Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).) Defendant has the right to take Plaintiff’s deposition and is entitled to take it without leave of court at any time. (See Code Civ. Proc., § 2025.210, subd. (a).)
D