Case Number: BC652898 Hearing Date: November 21, 2018 Dept: 4

Motion to Compel Attendance and Testimony at Deposition

The court considered the moving papers.

Background

On March 9, 2017, plaintiff Devin Peterson (self-represented) filed a complaint against defendant Lily Daun, aka Lily Daun Taishen for motor vehicle negligence based on an incident that occurred on March 12, 2015.

Trial is set for January 9, 2019.

Discussion

Defendant requests an order compelling plaintiff to appear for his deposition on December 4, 2018.

CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.”

CCP § 2025.450(b) provides, “A motion under subdivision (a) shall comply with both of the following:

The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”

(emphasis added).

On August 13, 2018, defendant served a Notice of Taking Deposition on plaintiff, for September 11, 2018. He failed to appear for his deposition.

The motion is deficient. Defense counsel does not state in his declaration as to whether he contacted defendant to inquire about his nonappearance.

The motion is DENIED WITHOUT PREJUDICE.

Defendant is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: November 21, 2018

_____________________________

Christopher K. Lui
Judge of the Superior Court