Case Number: BC669857 Hearing Date: March 12, 2018 Dept: 92

BERNABE PINEDA MURILLO,

Plaintiff,

vs.

L.A. FAMILY HOUSING LLC, ET AL.,

Defendants.

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Case No.: BC669857

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION

Dept. 92

1:30 p.m. —

March 12, 2018

Defendants L.A. Family Housing, LLC’s, Alabama Court, L.P.’s and John Stewart Company’s (“defendants”) unopposed Motion to Conduct the Deposition of Plaintiff at Los Angeles County Sheriff’s Department Pitchess South County Facility is granted. Plaintiff is ordered to appear for deposition at the Los Angeles County Sheriff’s Department, South County Pitchess Facility located at 29330 The Old Road, in Castaic, California, on Wednesday, 3/21/18 at 10:00 a.m. or another date agreed to by the parties.

Defendants noticed Plaintiff’s deposition for 12/21/17 and again for 1/31/18, both of which did not proceed due to Plaintiff’s inability to appear at the designated location. Plaintiff is currently serving a criminal sentence and is housed in the South County Pitchess Facility at the Los Angeles County Sheriff’s Department located at 29330 The Old Road in Castaic, California. Plaintiff, through his counsel, has requested his deposition proceed and that his testimony be taken regarding his claims against defendants as alleged in his Complaint filed on 7/26/17 in this case. The Los Angeles County Sheriff’s Department, moreover, has agreed to allow Margaret C. McDonald of Murchison & Cumming, a Court Certified Reporter from Atkinson-Baker, Inc. Court Reporting, a Court Certified Videographer from Atkinson-Baker, Inc. Court Reporting, Plaintiff, and Plaintiff’s counsel, Alan Shaffer, Esq., to use a room at the Los Angeles County Sheriff’s Department, South County Pitchess Facility located at 29330 The Old Road, in Castaic, California, on Wednesday, 3/21/18 at 10:00 a.m. and the parties stipulate to appear on that date and time for that examination. (Motion, 6:10-16). The detention facility, however, requires a court order for the deposition to commence. (McDonald Decl., ¶ 9).

The motion is granted. The Court has authority to “compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code.” CCP § 128(a)(6).

Specifically, “[i]f 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…[b]y the court itself in which the action…is pending.” CCP § 1995(1). “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.” CCP § 1996.

Plaintiff is expected to testify as to the alleged circumstances regarding the incident, including the manner of his fall, as well as to his damages, including resulting injuries and medical care. Such testimony is material to evaluating and defending the claims and damages alleged by Plaintiff. (McDonald Decl., ¶ 7).