2017-00207395-CU-PO

Deloris McDonald vs. Eskaton Properties, Incorporated

Nature of Proceeding: Motion to Compel Deposition of Marissa Renlund

Filed By: Jay, Daniel

Plaintiffs Deloris and George McDonald’s unopposed motion to compel the deposition of Marissa Renlund is granted.

Plaintiffs’ request for judicial notice is granted.

Plaintiffs seek to compel Defendant Eskaton Properties Incorporated to produce Marissa Renlund, R.N. for deposition. Plaintiffs indicate that they timely noticed the deposition and that there is no dispute that there is good cause for Ms. Renlund given her role in providing care to Mrs. McDonald. Defendant initially objected to the deposition based on unavailability. On November 26, 2018, Defendant provided 4 alternate dates which Plaintiffs’ counsel could not accommodate. On January 4, 2019 (Friday), Plaintiffs’ counsel stated that if new dates were not provided by January 7, 2019 (Monday), a motion to compel would be filed given the looming trial date. Plaintiff’s requested dates again on January 9, 2019. The motion was filed on January 11, 2019. Trial is set for March 12, 2019.

Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent’s attendance and testimony.

Defendant filed a notice of non-opposition indicating that it will provide dates for the deposition by the time of the hearing.

Here, Plaintiffs properly noticed the subject deposition and have engaged in a meet and confer process to obtain dates for the deposition. An order compelling Defendant to produce Ms. Renlund for deposition is appropriate.

Given the upcoming March 12, 2019, trial date, the deposition shall be completed no later than February 26, 2019, though the parties are free to agree on a later date. The parties shall meet and confer on the specific date, time and location.

Plaintiffs’ request for sanctions is denied. The Court finds that Defendant made some attempt to offer dates for the subject deposition and thus that sanctions would be unjust under the circumstances.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.