Judge: Barbara M. Scheper, Case: 20STCV30308, Date: 2023-09-14 Tentative Ruling

Case Number: 20STCV30308    Hearing Date: September 14, 2023    Dept: 30

Dept. 30

Calendar No.

Williams vs. Jefferson, et. al., Case No. 20STCV30308

Tentative Ruling re:  Plaintiff’s Motion to Compel Deposition; Request for Sanctions

Plaintiff Stacie Williams (Plaintiff) moves for an order compelling Defendant Jenero Jefferson (Defendant) to appear for deposition. The motion is granted.  Defendant Jefferson is ordered to appear for deposition within thirty (30) days of today’s date.  The request for sanctions is granted.  Defendant Jefferson is ordered to pay Plaintiff’s counsel $3,290.50 within thirty days of today’s date.

Any party may obtain discovery, subject to restrictions, by taking the oral

deposition of any person, including any party to the action.  (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.  (Code Civ. Proc., § 2025.280, subd. (a).)  

The motion to compel deposition “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.” (Code Civ. Proc., § 2025.450, subd. (b)(1).) “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)(2).)

            Defendant initially appeared for his deposition on June 30, 2023. (Egbase Decl. ¶ 2.) The parties were unable to complete their examination on that date, and so agreed to continue Defendant’s deposition to July 21, 2023. (Egbase Decl. ¶ 2.) The parties later continued the deposition again to August 11, 2023. (Egbase Decl. ¶ 3.)

On July 12, 2023, Plaintiff served a Notice of Continued Date of Deposition on Defendant, setting Defendant’s continued deposition for August 11, 2023. (Klaskin Decl. ¶ 2.) Though the parties’ counsel all appeared on August 11, Defendant himself did not appear. When Defendant’s counsel attempted to contact Defendant, Defendant responded via text that he had an emergency and was “up north.” (Klaskin Decl. ¶ 3, Ex. 2; Egbase Decl. ¶ 5.) The parties agreed to continue the deposition to another date. (Klaskin Decl., Ex. 2 [14].)

Defendant’s counsel states that he informed the other parties that he would obtain Defendant’s availability by August 16, 2023, but that Plaintiff filed this motion to compel on August 18, rather than confer on dates. (Egbase Decl. ¶ 7.) Plaintiff’s counsel states that Defendant’s counsel has still not provided dates for Defendant’s availability. (Klaskin Reply Decl. ¶ 4.)

Defendant does not dispute his failure to appear on August 11, or his failure to provide availability for the re-continued deposition date. Accordingly, the motion to compel is granted.

If a motion to compel deposition is granted, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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, subd. (g)(1).)

Plaintiff requests sanctions in the amount of $3,290.50, based on an hourly rate of $400, for 2 hours to appear at the deposition, 2 hours to prepare this motion, and 1 hour to attend the hearing, plus $400 for videographer deposition costs, $830.50 for court reporter costs, and a filing fee of $60. (Klaskin Decl. ¶ 6.)  As Defendant Jefferson has offered no admissible evidence regarding his failure to appear, sanctions are in order.