Motion to Compel

Cal. Super. - 2nd Dist.December 9, 2015

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION October 25, 2016 11/09/2016 08:20:00 AM DEPT.: 21 COUNTY OF VENTURA JUDICIAL OFFICER: Kent Kellegrew CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Wrongful Termination 56-2015-00475395-CU-WT-VTA SANCHEZ VS G6 HOSPITALITY Motion to Compel - Deposition of Sylvia Terrazas CAUSAL DOCUMENT/DATE FILED: Motion to Compel, 09/15/2016 stolo The Court intends to continue this motion for proper service of on non-party deponent. P's seeks to compel the deposition of an ex-employee, Sylvia Terrazas, who is a percipient witness to the events described in the complaint. Sylvia initially agreed to execute a declaration about her involvement, but changed her mind and said she did not want to participate in the action in part because she did not want problems with Jose Luis. P served Sylvia with a deposition subpoena but she refused to appear. P points out in the motion that under CCP §2020.240 a deponent who disobeys a deposition subpoena may be punished for contempt without necessity of a prior order of court directing compliance by the witness. This is true. But, P is not seeking contempt, but rather a motion to compel. Also, even the contempt process envisions some notice on the non-party. If the deponent is a nonparty who has been subpoenaed to the deposition and fails to appear, he or she may be punished for contempt under Code of Civil Procedure § 2023.030 without the necessity of a prior order of court directing compliance by the witness. The contempt citation is not self-executing, however. The subpoenaing party must file an affidavit with the court stating that the proper service of the deposition subpoena was effected on the witness and the witness consciously refused to attend the deposition. (Code of Civil Procedure § 1991; Chapman v. Superior Court for Los Angeles County, 261 Cal. App. 2d 194, 67 Cal. Rptr. 842 (2d Dist. 1968).) The court will then issue an order to show cause re contempt that must be personally served on the witness. (See Application of Ny, 201 Cal. App. 2d 728, 20 Cal. Rptr. 114 (4th Dist. 1962).) If the witness is found guilty of the contempt, a fine may be imposed not to exceed $1,000 and the deponent may be placed in prison for not more than five days. (Code of Civil Procedure § 1218(a).) Finally the witness is subject to a motion to compel appearance and testimony pursuant to Code of Civil Procedure § 1987.1. Sylvia must be advised that P is seeking Court intervention here. TENTATIVE RULINGS Page: 1