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Judge finds for Bergman & her team against BONY

In another victory in this case, the judge granted our motion to compel the deposition of Kathy Oriard after BONY and its counsel stonewalled her production for months.  The judge also ordered BONY to pay $1,900 in sanctions for forcing us to file this motion.

The Judge found:

Plaintiff Pauline Suarez’s Motion to Compel Defendant Bank of New York Mellon to Produce the Oral Testimony of Kathy Oriard and Request for Sanctions against Defendant and their Counsel of Record in the amount of $1,900.00 Grant.

Preliminarily, the court inquires whether counsel for defendant Bank of New York Mellon agreed to represent third party Kathy Oriard in regard to her deposition and any related motions. If defense counsel is not representing Kathy Oriard then plaintiff needed to meet and confer directly with Kathy Oriard and also give notice of this motion to third party Kathy Oriard. But if defense counsel is representing Kathy Oriard, then service on counsel for defendant Bank of New York Mellon is sufficient and proper.

On the merits, plaintiff Suarez’s motion to compel the deposition of Kathy Oriard is GRANTED. See, C.C.P. § 2025.450. Plaintiff presented evidence of proper personal service of this motion to compel deposition. Also, any defect as to notice was waived since defendant Bank of New York Mellon filed a written opposition on the merits. See, Carlton v. Quint (2000) 77 Cal.App.4th 690, 697. Next, in light of the pending trial and discovery cutoff, and the unilateral cancellation of Kathy Oriard’s deposition on Thursday, 6-27-13, the meet and confer attempts by plaintiff Suarez were sufficient. Further, relevance still exists and relevance is broadly construed. See, Greyhound Corp. v. Superior Court (1956) 56 Cal.2d 355.

Thus plaintiff Suarez’s motion to compel the deposition of third party Kathy Oriard is GRANTED. Also, plaintiff Suarez is awarded sanctions of $1,900.00, pursuant to C.C.P. § 2025.450(g)(1), payable by defendant Bank of New York Mellon and its counsel of record. Moving party to give notice.

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