Japanese Resident May Not Be Compelled To Give Deposition In California.

Toyota Motor Corp. v. Sup.Ct. (Stewart) (Cal. App. Second Dist., Div. 3; July 27, 2011) (As Mod. July 28, 2011)  197 Cal.App.4th 1107, [130 Cal.Rptr.3d 131; 2011 DJDAR 11254] resolves an apparent conflict between California Code of Civil Procedure Sections 1989 and 2025.260. Section 1989 provides that a person is not obligated to attend as a witness unless he or she is a resident of this state at the time of service. Section 2025.260 permits a deposition of a party at a place more distant than 150 miles from the deponent’s residence. The trial court, relying on section 2025.260 ordered Japanese residents to appear in California for their deposition. The Court of Appeal granted the deponent’s petition for writ of prohibition and reversed the order. Although section 2025.260 permits a deposition many miles from the deponent’s residence, it does not override the limitation imposed by section 1989.