Judge: Craig Griffin, Case: "Green MEP Engineering Consulting v. Jamaleddin, et. al.", Date: 2023-08-21 Tentative Ruling

Before the Court are two motions by plaintiff Green MEP Engineering Consulting (“Green”) to compel the depositions of the PMK and Custodian for Bijan & Associates (“Bijan”).   Both motions are GRANTED.

Bijan does not oppose the substance of the two motions but instead only opposes Green’s request for sanctions.

CCP §2025.480(j) states that “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel an answer or production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

The failure to appear at the deposition resulted in Green’s counsel incurring attorneys fees in the time attending the deposition, paying the court reporter and preparing the motions.  Bijan does not explain why if it did not intend to appear at the deposition that it did not contact counsel in advance to so advise and thereby avoid Green from incurring costs.  Bijan also states that it did not appear at the depositions on 1/30/23 “because it was under the impression that the pending Motion for Protective Order stayed the depositions.”  (Opp. at 2:27-3:1)  However, following the Courts denial of the Motion for Protective Order on 5/15/23, Bijan waited nearly two months to attempt to schedule the depositions.  Accordingly, the Court GRANTS Green’s request for sanctions in the reduced amount of $3,843.60.

It is therefore ORDERED that Bijan & Associates produce its PMK and Custodian for deposition, and produce documents, pursuant to the deposition subpoenas attached as Exhibit B to the two motions, within 30 days on a date agreeable to the Green and Bijan.  It is further ORDERED that Bijan & Associates pay $3,843.60 to Green, through its attorney of record, within 30 days.

Counsel for moving party is ordered to give notice of this ruling.