Judge: Anne Hwang, Case: 22STCV29093, Date: 2024-05-06 Tentative Ruling

Case Number: 22STCV29093    Hearing Date: May 6, 2024    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

BACKGROUND

            Plaintiff Isaac Yarmak (“Plaintiff”) moves to compel Defendant Kenny Castaneda’s (“Defendant”) deposition. Plaintiff also seeks monetary sanctions. No opposition has been filed.

LEGAL STANDARD

“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

“A motion under subdivision (a) [above] shall comply with both of the following:

1. The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

2. The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”

(Code Civ. Proc., § 2025.450, subd. (b).)

If a motion is granted, the court shall impose a monetary sanction in favor of that party unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the sanction unjust. (Code Civ. Proc. § 2025.450 (g).)

MEET AND CONFER

The Declaration of Eran Ladstein indicates Plaintiff has communicated with Defendant’s counsel, requesting alternative dates. (Ladstein Decl. ¶ 5.) Therefore, the meet and confer requirement has been satisfied.

DISCUSSION

Here, Plaintiff asserts he has noticed Defendant’s deposition for three separate dates: October 11, 2023, January 8, 2024, and January 23, 2024. (Lagstein Decl. ¶¶ 2–4, Exh. 1–3.) The last two dates were confirmed by Defendant in advance. However, on each of these dates, Defendant failed to appear. Since it appears no objections were served, and Defendant did not appear, the motion to compel is granted.

Plaintiff seeks $8,239.05 in monetary sanctions against Defendant, based on a $1,000 hourly rate, the $61.65 filing fee, and $4,177.40 for the deposition fees. The Court finds sanctions are warranted but the amount requested is excessive in light of the nature of the motion, and the fact Plaintiff’s counsel does not provide support for his hourly rate. Accordingly, the Court awards monetary sanctions in the amount of $4,989.05 (1.5 hours of attorney time at a $500 hourly rate, the filing fee, and deposition fees).

CONCLUSION AND ORDER

Accordingly, Plaintiff’s motion to compel Defendant’s deposition is GRANTED. Defendant Kenny Castaneda shall appear for deposition within 15 days.

Defendant Kenny Castaneda shall pay monetary sanctions in the reduced amount of $4,989.05 to counsel for Plaintiff within 30 days.   

Plaintiff shall provide notice of the Court’s ruling and file a proof of service of such.