Grant.

Deposing a party to the action or that party’s officers, directors, managing agents, or employees in a foreign nation is governed by CCP 2027.010. Section 2027.010 (b) provides that “the service of the deposition notice is effective to compel the deponent to attend and to testify” at a deposition. Alternatively, when the deponent is not a party or an employee of a party, section 2027.010 (c) provides that the party serving the deposition notice “shall use any process and procedures required and available under the laws of the foreign nation where the deposition is to be taken to compel the deponent to attend and to testify” at the deposition. Because the deponents are employees of Obayashi, section 2027.010(b) applies. The Water Authority seeks issuance of a commission as provided in section 2027.010 (e) which authorizes the court to issue a commission “if it determines that one is necessary or convenient.”

Opposing parties contend that because Obayashi’s employees are not wil