Case Number: VC059422 Hearing Date: May 05, 2016 Dept: SEC

THEE AGUILA, INC. v. ACUNA
CASE NO.: VC059422 (consol. With VC063598)
HEARING: 05/05/16

#2
TENTATIVE ORDER

Plaintiff THEE AGUILA, INC.’s motion to compel the deposition of defendant Santiago Acuna is DENIED. C.C.P. 2025.450.

The motion was set by plaintiff’s April 20, 2016 ex parte request to shorten time due to the current trial date of May 9, 2016.

As a preliminary matter, the Court acknowledges defendant’s objection to plaintiff’s standing. THEE AGUILA is in default and its request to set aside the default was recently denied. It can no longer appear in this action.

To the extent this Court could fairly construe the motion as one brought by plaintiff Aguila, it finds that plaintiff has not established good cause to take a subsequent deposition of defendant Acuna. C.C.P. 2025.610. Defendant Acuna has already appeared for deposition twice (most recently in November 2015), and his testimony exceeded the 7 hours allowable under the statute. C.C.P. 2025.290.

Moreover, it appears that the subject matters of the proposed questioning pertain more to plaintiff’s recently-filed lawsuits than the remaining issues in this action. See Opp., Exh. 1, 2. Neither the seizure of the liquor license nor the alleged removal of trade fixtures (by defendants) are issues within the scope of the remaining claims in these consolidated matters.

Plaintiff did not address those concerns in the reply. Counsel discussed service of the deposition notice, which defendant’s counsel contests. The Court need not reach that issues, as it finds plaintiff has failed to establish good cause for an additional deposition of Mr. Acuna. The motion is denied.