Motion to Compel Attendance at Deposition; Motion for Sanctions
34-2020-00278403-CU-PO-GDS: Desiree McFarland vs. Winco Foods LLC 08/06/2026 Hearing on Motion to Compel Attendance at Deposition in Department 16D
Tentative Ruling
NOTICE:
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34-2020-00278403-CU-PO-GDS: Desiree McFarland vs. Winco Foods LLC 08/06/2026 Hearing on Motion to Compel Attendance at Deposition in Department 16D
list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING:
Plaintiff Desiree McFarlands (Plaintiff) unopposed motion to compel the deposition of non-party Eric Robinson and for sanctions is DENIED.
Plaintiff contends that Robinsons January 5, 2026, deposition was not completed and that Robinson agreed to attend a second or continued deposition. Plaintiff indicates that Robinson has now stated that he cannot or will not attend a deposition due to medical reasons. Plaintiff moves to compel Robinson to attend a second or continued deposition.
Plaintiff makes this motion pursuant to Code of Civil Procedure section 2025.450 on the basis that Plaintiff has served a deposition notice on Robinson, a party-affiliated witness within the meaning of the Code of Civil Procedure section 2025.280.[1] Service of a deposition notice is sufficient to require any party to an action or an officer, director, managing agent, or employee of a party to attend and to testify at a deposition. (Code Civ. Proc., § 2025.280, subd. (a).) Any other person must be served with a subpoena. (Id., ¶ 2025.280, subd. (b).) As used in section 2025.280, employee means a current employee of the party. (Maldonado v. Super. Ct. (2002) 94 Cal.App.4th 1390, 1398.)
Plaintiff declares that Robinson is no longer an employee of Defendant Winco Foods, LLC. (Smith Decl., ¶ 1.) Thus, the Court has no authority to compel Robinson, a former employee, to attend and testify on the basis of a deposition notice.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2020-00278403-CU-PO-GDS: Desiree McFarland vs. Winco Foods LLC 08/06/2026 Hearing on Motion to Compel Attendance at Deposition in Department 16D
To the extent Plaintiff may mean to argue that deposition notice served on a non-party when that person was a current employee remains sufficient even after that employee leaves employment, Plaintiff provides no authority for this contention. Indeed, the reasoning in Maldonado supports the opposition conclusion.
Plaintiffs motion to compel is DENIED. Likewise, Plaintiffs motion for sanctions against Defendant Winco Foods, LLC, is DENIED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
[1] Plaintiff has not declared or submitted evidence of a deposition notice served on
Robinson.