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.)
THIS COURT HAS THE AUTHORITY TO COMPEL DEFENDANT TO APPEAR FOR HIS DEPOSITION
California Code of Civil Procedure (hereinafter C.C.P. ) § 2025(j)(3) provides, in relevant part
If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party … without having filed a valid objection under subdivision (g), fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing 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 or tangible thing described in the deposition notice. Id.
Moreover, the Code defines the “misuse” of the discovery process as a failure to respond or to submit to an authorized method of discovery. (C.C.P. § 2023(a)(4)). In the instant action, Ms. Brown properly noticed Defendant’s deposition and Defendant has flatly refused to comply with the deposition notice. To make matters worse, Defendant has refused to provide dates on which he could appear at his deposition in this egregious sexual harassment case. Accordingly, this Court has the power to compel Defendant to attend his deposition forthwith. (See Part 5 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.