The following blog entry is written from a defendant’s position during the early stages of litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)
DEFENDANT’S DEPOSITION MUST BE COMPELLED BECAUSE WITHOUT A COURT INTERVENTION DEFENDANT WILL CONTINUE TO DELAY HIS APPEARING FOR DEPOSITION.
Defendant is clearly attempting to postpone the inevitable. Upon the filing of the instant action and the service of a deposition notice, Defendant suddenly became unavailable. When Ms. Brown’s counsel offered to fly to New York so that Defendant’s alleged extended business trip would not be disrupted, Defendant refused. Ms. Brown has begged and pleaded for dates upon which Defendant would be back in Los Angeles and available for his deposition. Ms. Brown has received none.
Rather, Defendant has maintained that he will be available in August. When in August? Ms. Brown has no idea because Defendant refuses to commit to a date at this time. Presumably, Defendant expects Ms. Brown to wait until August and then, upon his return to Los Angeles, attorneys for both sides can schedule a deposition. According to Defendant, such behavior is permissible because no trial date has been set in this sexual harassment matter.
It can only be assumed that because Defendant will not commit to a date for his deposition at this time that he is attempting to delay his deposition. That he may not want to be confronted with the allegations against him is of no moment. Ms. Brown has a right to take Defendant’s deposition. In an effort to do so, Ms. Brown has complied with the Code. It is Defendant and his counsel that have stonewalled Ms. Brown in an attempt to drag out this litigation and to give themselves a chance to manufacture some sort of defense to Defendant’s conduct.
Accordingly, Ms. Brown requests that this Court grant the instant Motion and order Defendant to appear at his deposition. (See Part 6 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.