Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

More documents

Recommendations

Info

12345678910111213141516171819202122232425262728IV.PLAINTIFFS’ EFFORTS TO MEET AND CONFER REGARDING THIS DISPUTE HAVEBEEN REJECTED BY DEFENSE COUNSELA motion to compel a party deponent's attendance must be accompanied by a declaration statingfacts showing a reasonable, good-faith attempt at informal resolution of each issue presented. CCP§ 2025.520(b)(2). Plaintiffs have herein satisfied that requirement.Pursuant to Code of Civil Procedure Sections 2016.050 and 2025.450(b)(2), plaintiffs’ counselmade numerous attempts to meet and confer regarding the need for this Motion in an attempt toinformally resolve this discovery dispute. See supra and Tron Decl., 2 - 13.Plaintiffs offered tolimit each deposition to a mere five hours, which would not be burdensome or oppressive to theOfficers. Id. at 5 and Exhibit 12. Plaintiffs further offered to conduct the depositions on a date and ata time of defendant’s choice and a location of defendant’s choice. Id. Unfortunately, each of theseattempts to meet and confer in the spirit of cooperation have all been rebuffed by defense counsel. Id.As a result, plaintiffs were forced to bring the instant Motion to Compel.V.THIS COURT MAY PROPERLY COMPEL THE DEPOSITIONS OFOFFICERS BRISSLINGER AND POLOCalifornia Code of Civil Procedure Section 2025.450 addresses a party’s right to pursue amotion to compel a deposition. Section 2025.450(a) provides as follows:“If, after service of a deposition notice, a party to the action or an officer, director,managing agent, or employee of a party, or a person designated by an organization that isa party under Section 2025.230, without having served a valid objection under Section2025.410, fails to appear for examination, or to proceed with it, or to produce forinspection any document or tangible thing described in the deposition notice, the partygiving the notice may move for an order compelling the deponent's attendance andtestimony, and the production for inspection of any document or tangible thing describedin the deposition notice.”There are several arguments which support plaintiffs’ Motion to Compel and which establish thepropriety of granting the Motion: (1) the Officers have never provided sworn testimony regarding theevents ______________________________________________________________________________giving rise to this action; (2) the Officers must be questioned under oath so that their veracity and9Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions
12345678910111213141516171819202122232425262728credibility can be assessed and unresolved issues addressed; (3) procedurally, defendant failed to servean objection to the deposition notice; (4) the City of Oxnard’s offer to stipulate to liability simply doesnot obviate the need for the depositions of the Officers involved; (5) public policy and justice requiresthe depositions be compelled; and (6) compelling the Officers testimony now may avoid plaintiffshaving to pursue them individually in a civil action.A. Officers Brisslinger And Polo Have Never Provided Any Statement Under OathRegarding The Events Leading To The Death Of Cindy ConollyAlthough the Oxnard Police Department and the District Attorneys’ Office did conduct an“investigation” into the tragic death of Cindy Conolly, neither inquiry entailed taking a statement ofthese Officers under oath. Thus, these Officers have never provided sworn testimony about theevents at issue in this action.shocking, and warrants granting the instant motion to compel.The fact they have never been questioned under oath is patentlyThe “interviews” conducted internally, by the Officers’ Oxnard Police Department colleaguesand peers, did not fully investigate the facts in this case. Inasmuch as none of the statements provided inthe reports were made under oath, there is truly no question, issue or topic that has been adequatelyaddressed in the investigative materials.B. Plaintiffs Are Entitled To Question These Officers, Under Oath, To Be Able ToAssess Their Demeanor And Credibility To Determine If They Are Telling TheTruth About What Transpired That DayIt is axiomatic that a deposition is a fact-finding process that further allows the examiningattorney the opportunity to assess a witness’s veracity. Through the deposition process, a witness’sdemeanor can be telling, and responses to questions, along with responses to spontaneous follow-upquestions, allow for the assessment of a witness’s credibility and propensity to tell the truth.These Officers have never undergone such questioning in this case. As set forth above, theyhave been interviewed, by their fellow officers, who began by asking for a simple narrative about whathappened. There were no tough questions put to these Officers. Countless issues were left unresolved,issues which cry out for further inquiry.One such issue involves a tape recording made at the scene that fateful day which is missing aportion of the recording. Officer Polo stated that when they returned to the scene of the death, Polo told______________________________________________________________________________10Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions
Page 1 and 2: 12345678910HIEPLER & HIEPLERA Profe
Page 3 and 4: TABLE OF CONTENTS123456789101112131
Page 5 and 6: TABLE OF AUTHORITIES12345678910Case
Page 7 and 8: 12345678910111213141516171819202122
Page 9 and 10: 12345678910111213141516171819202122
Page 11 and 12: 12345678910111213141516171819202122
Page 13: 12345678910111213141516171819202122
Page 17 and 18: 12345678910111213141516171819202122
Page 19 and 20: 12345678910111213141516171819202122
Page 21: 12345678910111213141516171819202122

Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

Create successful ePaper yourself

Delete template?

Save as template?