Jesus Huerta, et al. vs ASAP Executive Courier Service Inc

24CV-03179 Jesus Huerta, et al. vs ASAP Executive Courier Service Inc

Motion to Compel Deposition of Plaintiff Isabel Cristina Resendiz Portillo

Defendant’s motion to compel the further deposition of Plaintiff Isabel Portillo is DENIED.

The record shows that Defendant unilaterally suspended the deposition, without proper cause, over Plaintiff’s objection. Code of Civil Procedure section 2025.470 only allows for a deposition to be suspended by stipulation of all the parties unless it is suspended to

allow for a party to move for a protective order under section 2025.420. (Code Civ. Proc. § 2025.470).

Here, the reason for suspending the deposition appears to have been Defendant’s preference. Despite a delayed start, Plaintiff appeared for her deposition and was willing to proceed. Absent an agreement between the parties to suspend the deposition and to continue it to another day, or to suspend the deposition so that a party could seek a protective order, the deposition should have continued.

It was Defendant’s deposition, which they had the right to control. However, Defendant did not have the right to conduct the deposition in a manner that would subject Plaintiff to harassing or oppressive tactics. To notice a deposition, commence the deposition, suspend the deposition without valid reason over counsel’s objection, and then demand Plaintiff subject herself to a further deposition is unreasonable.

The Court finds good cause not to issue sanctions. As such, all requests for monetary sanctions are DENIED.