MOTION TO COMPEL DEPOSITION
Defendant Anaheim Elementary School District’s motion to compel the deposition of Plaintiff Jane Doe is granted, subject to the modifications stated below.
Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition, the party giving notice may move for an order compelling the deponent’s attendance and testimony at deposition. The motion must be accompanied by either a meet and confer declaration stating “facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” or “a declaration stating that the moving party contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).)
Code of Civil Procedure section 2025.480, subdivision (a) states: “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.”
Plaintiff is currently nine years old. Defendant moves to compel Plaintiff’s deposition pursuant to its notice of deposition served on January 13, 2021. Plaintiff wishes to limit the deposition to one to two hours, and preclude counsel from asking any “duplicative” questions or questions related to Plaintiff’s damages. The Court finds that Defendant’s position, requesting to have three hours to conduct the deposition, is reasonable. The Court sees no need to order that the questioning be limited to “non-duplicative” questions at this point. There are rules in place pursuant to the Code of Civil Procedure regarding the conduct of depositions that are sufficient. In addition, the Court declines to mandate that no questions regarding Plaintiff’s damages be asked, as such go to the heart of her claims.
Accordingly, Plaintiff is ordered to appear for her deposition, which shall last no more than three hours, within 20 days of the notice of ruling, unless the parties agree otherwise.