Judge: Carolyn M. Caietti, Case: 37-2022-00001694-CU-BT-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Business Tort Discovery Hearing 37-2022-00001694-CU-BT-CTL LEE VS LEE [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff/Cross-Defendant Scott Lee's Motion to Compel Defendant/Cross-Complainant Henry Lee's Deposition, Production of Documents and Request for Monetary Sanctions is GRANTED.

Discussion This is a breach of fiduciary duty case. Direct and derivative claims are alleged. On June 23, 2023, the Court granted in part Plaintiff's unopposed Motion to Compel Production of Documents, Set One and Request for Monetary Sanctions. (ROA 71.) In this motion, Plaintiff asks for an order compelling Defendant Lee's depositions (individually and as the person most qualified for the company) with an accompanying document production. Plaintiff provided proof of service of the notices of deposition on Defendant, who failed to appear at both depositions, failed to produce the requested documents and failed to oppose this motion. (C.C.P., § 2025.450(a); ROA 65 - Declaration of Thomas Gallagher, at ¶¶ 2-7 & Ex. B-F.) Plaintiff made several efforts to ensure Defendant's appearance and met and conferred after the non-appearance. (C.C.P., § 2025.450(b)(2); Ex. G.) Plaintiff is entitled to Defendant's testimony.

Plaintiff's request for sanctions in the amount of $2,755 is granted. (C.C.P., § 2025.450(g)(1).) Concluding Orders Defendant/Cross-Complainant Henry Lee is ordered to submit to a deposition and produce the requested documents no later than September 20, 2023. Plaintiff must duly-notice the deposition.

Defendant/Cross-Complainant Henry Lee is ordered to pay Plaintiff monetary sanctions in the amount of $2,755 by September 20, 2023.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final order.

Plaintiff is ordered to serve written notice of the Court's final order on all appearing parties by September 5, 2023.

Plaintiff is reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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