Judge: Anne Hwang, Case: 19STCV23558, Date: 2023-08-16 Tentative Ruling

Case Number: 19STCV23558    Hearing Date: August 18, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Plaintiff Kathleen Cornell (“Plaintiff”) sued defendants Sergio Carrera, Fernando Bustamante (“Bustamante”), and Does 1 through 100 for negligence and negligence per se in connection with a motor vehicle accident that occurred on July 12, 2017.

            On July 25, 2023, Defendant Bustamante filed a motion to compel Plaintiff to appear and testify at deposition on September 1, 2023. The motion is unopposed.

LEGAL STANDARD

A motion lies to compel deposition attendance and document production, after service of a deposition notice, where a deponent fails to appear at, or proceed with, a deposition, without having served a valid objection. (Code of Civ. Proc. §2025.450(a).) The parties are not required to meet and confer in order to compel initial deposition attendance, but instead there must be a declaration showing that moving party inquired about the nonappearance. (Code of Civ. Proc. §2025.450(b)(2).)  

“If a motion [to compel a deposition] is granted, the court shall impose a monetary sanction . . . in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2025.450(g)(1) [emphasis added].)

ANALYSIS

Here, Defendant served Plaintiff with a notice of taking deposition on March 29, 2023. (Grover Decl. ¶ 5.) Plaintiff’s counsel requested and received a continuance of the deposition to May 18, 2023. (Id. at ¶ 6.) Defendant served another notice of deposition. (Id.) Plaintiff did not appear at the deposition and Defendant incurred costs for the missed deposition. (Id.) Subsequent efforts to meet and confer regarding other discovery issues were unavailing. (Id. at ¶ 9.)

Plaintiff failed to appear at a properly noticed deposition, without having served valid objections. Therefore, the Court grants Defendant’s motion to compel deposition attendance.

Defendant also seeks sanctions against Plaintiff in the amount of $1,166.00. The Court finds that sanctions are warranted due to Plaintiff’s misuse of the discovery process, but finds the amount requested to be excessive in light of the nature of the motion and the lack of an opposition. Accordingly, the Court awards sanctions in the amount of $890 (2 hours of attorney time for the motion and hearing, $360 in costs for the failure to appear, and $60 for the filing fee).      

CONCLUSION AND ORDER

The Court GRANTS Defendant Bustamante’s motion to compel Plaintiff to appear and testify at deposition. Plaintiff must appear for deposition on September 1, 2023, or a date agreed upon by Defendant.

The Court GRANTS Defendant’s request for sanctions. Plaintiff and counsel, jointly and severally, must pay $890 to counsel for Defendant within 30 days of notice of the court’s order.

Defendant Bustamante to provide notice of the Court’s order and file a proof of service of such.