Case Number: BC619299 Hearing Date: June 01, 2018 Dept: J

Re: Jane B.M. Doe, et al. v. El Monte Union High School District, et al. (BC619299)

MOTION TO COMPEL ATTENDANCE OF SERINA VILLEGAS AT DEPOSITION

Moving Parties: Plaintiffs Jane B.M. Doe and Melba Martinez

Respondents: No timely opposition filed (due 5/18/18)

POS: Moving not OK (see below)

Plaintiffs allege that Plaintiff Jane B.M. Doe was sexually assaulted and raped by one of her teachers, Richard Paul Daniels (“Daniels”). The complaint, filed 5/4/16, asserts causes of action against Defendants El Monte Union High School District (“District”), Angelita Gonzales Hernandez (“Hernandez”) and Does 1-10 for:

Negligence, Negligent Supervision, Negligent Hiring and/or Retention;
Negligent Infliction of Emotional Distress; and
Sexual Harassment (Civil Code § 51.9)

On 7/6/16, District filed its cross-complaint, asserting causes of action therein against Daniels and Roes 1-50 for:

Total Equitable Indemnity;
Partial Equitable Indemnity; and
Declaratory Relief

On 6/9/17, Daniels’ default was entered on the cross-complaint. On 1/29/18, the court granted District’s motion for summary adjudication as to the second cause of action. On 2/6/18, plaintiffs dismissed their third cause of action against Hernandez, without prejudice.

On 2/23/18, this action was transferred from the personal injury hub (Department 92) to this department.

The Final Status Conference is set for 10/15/18. A jury trial is set for 10/23/18.

Plaintiffs Jane B.M. Doe and Melba Martinez (“plaintiffs”) move the court, per CCP §§ 2017.010, 2016.040 and 2025.480, for an order compelling Serina Villegas (“Villegas”) to attend her deposition and to provide testimony on a date to be determined by the court. Villegas allegedly failed to appear at her subpoenaed deposition and has failed to provide dates of availability to plaintiffs’ counsel.

Plaintiffs’ motion is summarily denied without prejudice, for California Rules of Court Rule 3.1346 non-compliance. That provision reads: “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” (Emphasis added).

There is no indication that Villegas has been personally served with the motion; in fact, Villegas is not listed on the proof of service accompanying the motion whatsoever.