Judge: Armen Tamzarian, Case: 20STCV24946, Date: 2023-05-15 Tentative Ruling
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Case Number: 20STCV24946 Hearing Date: May 15, 2023 Dept: 52
Defendants
Mary Thorndal, Cloud 9 Trust, and Veronica St. Claire move to compel the
depositions of plaintiffs Paul Kingston and Gail Kingston. One may move to compel the deposition of a
party who fails to appear at deposition “without having served a valid
objection under Section 2025.410.” (CCP
§ 2025.450(a).)
On
February 7, 2023, defendants served a notice of deposition for plaintiffs Paul
Kingston and Gail Kingston, scheduled for March 22. (Cadena Decl., ¶ 10, Ex. F.) On March 21, plaintiffs’ counsel told
defendants they would need to reschedule the depositions. (Id., ¶ 11.) Defense counsel asked plaintiffs’ counsel to
propose new dates for the depositions. (Id.,
¶ 12.) Plaintiffs’ counsel stated they
would do so but had not proposed any dates before defendants filed these
motions. (Id., ¶¶ 12-13.)
Plaintiffs
Paul Kingston and Gail Kingston therefore failed to appear at their depositions
without having served a valid objection.
Defendants are entitled to orders compelling plaintiffs’ depositions.
Sanctions
In each motion, defendants seek
$461.65 in sanctions against plaintiffs and their counsel. “Failing to respond or to submit to an
authorized method of discovery” is a misuse of the discovery process subject to
monetary sanctions. (CCP § 2023.010(d).) Plaintiffs failed to submit to their duly
noticed depositions. Defendants courteously
tried several times to reschedule the depositions for another date when
plaintiffs are available. Plaintiffs did
not act with substantial justification.
Sanctions are just under the circumstances.
The court finds defendants
reasonably incurred $461.50 in expenses on each motion.
Disposition
Defendants Mary Thorndal, Cloud 9 Trust, and
Veronica St. Claire’s motion to compel deposition of plaintiff Paul Kingston is
granted.
Plaintiff Paul Kingston and counsel of record Farhad
Shomloo, Esq. are ordered
to pay defendants $461.50 in sanctions within 20
days. Plaintiff Paul Kingston and his counsel
shall be jointly and severally liable for the sanctions.
By May 22, 2023, plaintiff Paul Kingston shall
propose three dates for his deposition.
Those proposed dates shall be no later than June 23, 2023. Defendants must choose one of the three dates
plaintiff proposes. Plaintiff Paul
Kingston is ordered to appear and testify at his deposition on the date
defendants choose.
Defendants Mary Thorndal, Cloud 9 Trust, and
Veronica St. Claire’s motion to compel deposition of plaintiff Gail Kingston is
granted.
Plaintiff Gail Kingston and counsel of record Farhad
Shomloo, Esq. are ordered
to pay defendants $461.65 in sanctions within 20
days. Plaintiff Gail Kingston and her counsel
shall be jointly and severally liable for the sanctions.
By May 22, 2023, plaintiff Gail Kingston shall
propose three dates for her deposition.
Those proposed dates shall be no later than June 23, 2023. Defendants must choose one of the three dates
plaintiff proposes. Plaintiff Gail
Kingston is ordered to appear and testify at her deposition on the date
defendants choose.