Case Number: BC723238 Hearing Date: December 19, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

TIANNI S. JONES, ETC.,

Plaintiff(s),

vs.

ORLANDO H. PILE, ET AL.,

Defendant(s).

Case No.: BC723238

[TENATATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

December 19, 2019

Plaintiff, Tianni S. Jones, an incapacitated adult by and through her GAL, Joanna Norton, filed this action against Defendants, Orlando H. Pile, Orland H. Pile, M.D., a professional medical corporation, and Deondra D. Johnson for damages arising out of an automobile accident.

Defendant, Orland H. Pile seeks leave of court to take Defendant, Deondra D. Johnson’s deposition. Johnson is currently incarcerated in the Los Angeles Men’s Central Jail. The entity defendant joins the motion.

CCP §§1995, 1996, and 1997 govern depositions of incarcerated persons. They provide, in pertinent part:

§1995: If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows:

1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.

2. …

§1996: Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

§1997: If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all other cases his examination, when allowed, must be taken upon deposition.

Defense Counsel filed a declaration with the motion. Counsel establishes that Johnson’s testimony is necessary to evaluate the parties’ positions concerning causation of the subject accident and liability contentions. The Court is satisfied that Defendant adequately showed the nature of Johnson’s anticipated testimony and its materiality to the action. Johnson is incarcerated inside Los Angeles County, and Defendant appropriately seeks an order that he be permitted to conduct Johnson’s deposition at the jail where he is incarcerated.

The motion to compel is granted. Defendant is ordered to give notice to all parties of the details of the scheduling of Johnson’s deposition. The joinder does not materially alter the analysis of the motion, and is also granted.

Moving Defendant is ordered to give notice.