Judge Christopher K. Lui, Case Number: 22STCV38418, Date: 2025-01-13 Tentative Ruling

Plaintiff alleges that she was harassed, retaliated against, and ultimately fired from her employment after she reported unsafe working conditions and a sexual relationship between two colleagues taking place at her worksite.

Defendant County of Los Angeles’ motion to compel Plaintiff’s deposition and production of documents is GRANTED. Deposition to occur within 5 days of the date of this order.

Defendant’s request for sanctions against Plaintiff Tiffany Bryant is GRANTED in the reduced amount of $930.20. Sanctions are to be paid to Defendant’s counsel within 10 days.

Defendant County of Los Angeles moves to compel Plaintiff’s deposition. Plaintiff initially agreed to appear at her deposition at the agreed upon date of December 18, 2024, and then she refused to appear, only stating that she needs to reschedule her deposition due to scheduling conflict. To date, Plaintiff continues to refuse to appear for her deposition during the week despite Defendant’s meet and confer efforts.

(a) 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.

(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, 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.

(1) If a motion under subdivision (a) 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.

The instant motion is being heard less than 15 days before trial, and as such is a belated post-cutoff motion pursuant to Code of Civil Procedure section 2024.020. However, the Court finds that the reopening of discovery is appropriate for purposes of hearing the instant motion pursuant to Pelton-Shepherd Industries, Inc. v. Delta Packaging Prods. (2008) 165 Cal.App.4th 1568, 1587-88. As noted in Pelton-Shepherd, a court cannot rule on a post-cutoff discovery motion without first considering whether to reopen discovery. A defense deposition of a plaintiff is virtually always necessary, and under the circumstances Defendant has established the necessity for the requested deposition,diligence in pursuing the deposition prior to the cutoff, and a reasonable effort to meet and confer in an effort to resolve the issue. Therefore, the Court finds good cause to reopen discovery for the limited purpose of hearing the instant motion. Discovery is not reopened for any other purpose.

Here, the Declaration of Michele M. Goldsmith reflects that Defendant’s counsel attempted to meet and confer as required by Civ. Proc. Code, § 2025.450(b)(2). (See Pizarro Declaration, ¶¶ 15, 16; Exh. 14.)

Although Defendant did not make a fact-specific showing of good cause for production of the 11 categories of documents sought in the deposition notice, the categories are limited and descriptive enough to demonstrate good cause on their face.

As such, the motion to compel Plaintiff’s deposition and production of documents is GRANTED. Deposition to occur within 5 days.

Defendant’s request for sanctions against Plaintiff Tiffany Bryant is GRANTED in the reduced amount of $930.20 (1.5 hours at $300/hour, plus $480.20 for taking of non-appearance by reporter). (Goldsmith Decl., ¶ 12.) Sanctions are to be paid to Defendant’s counsel within 10 days of the date of this order.