Judge: Audra Mori, Case: 20STCV45945, Date: 2023-01-09 Tentative Ruling

Case Number: 20STCV45945    Hearing Date: January 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Adriana Dorantes (“Plaintiff”) filed this action against Defendant Mohsen Hamidi Hashemi (“Defendant”) for damages arising from a motor vehicle accident.

Defendant now moves to compel Plaintiff’s deposition.  Defendant asserts Defendant has noticed Plaintiff’s deposition multiple times, but Plaintiff has not appeared for her depositions.  Most recently, Defendant noticed Plaintiff’s deposition for July 1, 2022.  However, the day before the deposition, Plaintiff’s counsel responded to an email from defense counsel informing Defendant Plaintiff would not appear for the deposition.  (Mot. Hyde Decl. ¶ 6.) 

CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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, electronically stored information, or tangible thing 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, electronically stored information, or tangible thing described in the deposition notice.”  CCP § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410.

Here, Defendant avers Defendant has made multiple attempts to meet and confer with Plaintiff regarding Plaintiff’s deposition, but Plaintiff has failed and refused to appear for her deposition.  Any opposition to the motion was due by December 23, 2022.  To date, no opposition has been filed. 

The motion to compel is unopposed and granted.  (CCP § 2025.450(a).)  Plaintiff Adriana Dorantes is ordered to appear for deposition at a date, time, and location to be noticed by Defendant.  Defendant must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

CCP § 2025.450(g)(1) requires the Court to impose sanctions unless it finds the deponent acted with substantial justification or there are circumstances that render imposition of sanctions unjust.  Defendant is awarded one hour for preparing the motion and one hour for appearing at the hearing all at the rate of $180 per hour, for a total attorney fees award of $360.  Further, Defendant is awarded the motion filing fee of $60 as costs.

Sanctions are sought and imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally.  They are ordered to pay sanctions to Defendant, by and through Defendant’s attorney of record, in the total amount of $420.00, within twenty days. 

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 9^th day of January 2023