Judge: Cherol J. Nellon, Case: 21STCV32618, Date: 2023-04-20 Tentative Ruling

Case Number: 21STCV32618    Hearing Date: April 20, 2023    Dept: 28

Defendants Manuel Cazares and Maria Cazares’s Motion to Compel Deposition of Plaintiff Rudery Amaya

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On September 2, 2021, Plaintiffs Rudery Amaya (“Amaya”) and Miguel Ortiz (“Ortiz”) filed this action against Defendants Manuel Cazares (“Manuel”) and Maria Cazares (“Maria”) for motor vehicle negligence and general negligence.

On October 12, 2021, Defendants filed an answer and a Cross-Complaint against Amaya for indemnity and contribution.

On March 30, 2023, Defendants filed a Motion to Compel Plaintiff Rudery Amaya’s Deposition to be heard on April 20, 2023.

Trial is currently scheduled for July 26, 2023.

PARTY’S REQUESTS

Defendants request the Court compel Amaya to appear for a deposition either on May 23, 2023, at 10 a.m. at the law offices of Stratman & Williams-Abrego OR within 10 days of the hearing on the motion. Defendants also request the Court impose $480.00 in sanctions.

LEGAL STANDARD

Code of Civil Procedure § 2025.450 allows the Court to compel a party’s appearance and to produce documents.

“If, after service of a deposition notice, a party to the action… without having served a valid objection… fails to appear for examination, or to proceed with it, or to produce for inspection any document 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 or tangible thing described in the deposition notice.” A motion under subdivision (a) 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 or things described in the deposition notice, by a declaration stating the petitioner has contacted the deponent to inquire about the nonappearance.”

CCP § 2025.450 provides that if a motion made under 2025.450 is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition 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.

Misuse of the discovery process includes (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense; (d) Failing to respond or to submit to an authorized method of discovery; and (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery. CCP § 2023.010.

DISCUSSION

Defendants originally noticed Plaintiff’s deposition for April 4, 2022. The deposition began at 10:11 a.m.; at 11:13 a.m., Plaintiff stated he had to go to work and did not want to continue the deposition. There was no prior agreement for the deposition to only last 1 hour. To date, Defendants have been unable to reschedule Plaintiff’s deposition.

Given that Defendants have diligently attempted to take Plaintiff’s deposition for the past year, the Court finds good cause and grants the motion.

Under CCP § 2025.450, sanctions are mandatory when granting a motion to compel a party’s deposition. Defendants request $480.00 in sanctions, based upon 4 hours of attorney’s work at a rate of $120.00 per hour. Attorney’s work is based on 1 hour preparing for Amaya’s deposition, 1 hour drafting, and 2 hours appearing for the hearing. The Court finds this amount unreasonable. The Court awards $120 in sanctions, based upon 1 hour of attorney’s work.

CONCLUSION

Defendants Manuel Cazares and Maria Cazares’s Motion to Compel Deposition of Plaintiff Rudery Amaya is GRANTED. Plaintiff is ordered to appear for a deposition on May 23, 2023, at 10 a.m. at the law offices of Stratman & Williams-Abrego OR at a mutually agreed upon date, time and place within 30 days of the hearing on the motion.

Defendants Manuel Cazares and Maria Cazares’s Request for Sanctions is GRANTED. Amaya is ordered to pay Defendants $120.00 in sanctions within 60 days of the hearing on the motion.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.