Judge: Daniel M. Crowley, Case: 20STCV12947, Date: 2023-01-18 Tentative Ruling

Case Number: 20STCV12947    Hearing Date: January 18, 2023    Dept: 28

Defendant Robert Narche’s Motion to Compel Deposition of Plaintiffs Lanisha Porter and Alyssa Porter

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

BACKGROUND

On April 2, 2020, Plaintiffs Lanisha Porter (“Lanisha”), Alyssa Porter (“Alyssa”) and Rashan Bailey (“Bailey”) filed this action against Defendant Robert Narche (“Defendant”) for negligence.

On November 10, 2021, Defendant filed an answer.

On November 17, 2022, Defendant filed a Motion to Compel Plaintiffs Lanisha Porter and Alyssa Porter Deposition to be heard on January 18, 2023.

Trial is currently scheduled for May 24, 2023.

PARTY’S REQUESTS

Defendant requests the Court order Alyssa and Lanisha to appear for their video depositions within 10 days of the hearing on the motion. Defendant also requests the Court impose monetary sanctions totaling $1,540.00 on each Plaintiff.

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

Defendant originally noticed Lanisha and Alyssa’s depositions for July 18, 2022. Plaintiffs failed to appear. Defendant served another set of notice of depositions for September 19, 2022; Plaintiffs again did not appear for their depositions. Defendant has diligently attempted to take Plaintiffs’ depositions twice with no response from Plaintiffs, putting forward objections or requesting additional dates—the Court finds good cause and grants the motion.

Defendant is entitled to sanctions due to Plaintiffs’ failure to appear for or reschedule their depositions. Defendant requests sanctions totaling $1,540.00 from each of the two Plaintiffs, based upon 3 hours of attorney’s work, at a rate of $175.00 per hour and 1 $60.00 filling fee. Presumably, Defendant is also requesting sanctions based on fees associated with non-appearances, but Defendant did not provide a declaration or evidence attesting to these fees. The Court awards sanctions totaling $585.00 on Lanisha and Alyssa.

CONCLUSION

Defendant Robert Narche’s Motion to Compel Deposition of Plaintiffs Lanisha Porter and Alyssa Porter is GRANTED. Lanisha and Alyssa are ordered to appear for video depositions within 10 days of the hearing on the motion.

Defendant Robert Narche’s Request for Sanctions is GRANTED. Lanisha and Lanisha’s counsel are ordered to pay Defendant $585.00 in sanctions within 30 days of the hearing on the motion. Alyssa and Alyssa’s counsel are ordered to pay Defendant $585.00 in sanctions within 30 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.