Judge: Daniel M. Crowley, Case: 21STCV15244, Date: 2022-08-26 Tentative Ruling
Case Number: 21STCV15244 Hearing Date: August 26, 2022 Dept: 28
Defendants All Valley Dealers Auto Auction, Inc. and Jeffrey Eric Faeber’s Motion to Compel Deposition of Plaintiff Scott Baker
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On Apil 22, 2021, Plaintiff Scott Baker (“Plaintiff”) filed this action against Defendants All Valley Dealers Auto Auction, Inc. (“Auto”) and Jeffrey Eric Faeber (“Faeber”) for motor vehicle negligence.
On July 7, 2021, Defendants filed an answer.
On July 29, 2022, Defendants filed a Motion to Compel Plaintiff’s Deposition to be heard on August 26, 2022.
Trial is currently scheduled for October 20, 2022.
PARTY’S REQUESTS
Defendants request the Court compel Plaintiff to appear for his deposition. Defendants also requests Plaintiff pay $510.00 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
Deposition
Defendants have noticed Plaintiff’s deposition numerous times; the fifth deposition notice, served May 31, 2022, set his deposition for June 16, 2022. Plaintiff did not object to the deposition notice but failed to appear for the deposition. The Court finds there is good cause and grants the motion. The Court will not grant the order with the caveat that should Plaintiff not appear that the case will be dismissed; Defendants will need to file a Motion for Terminating Sanctions to obtain dismissal
Sanctions
Defendants are entitled to sanctions due to misuse of the discovery process. Defendants request sanctions totaling $510.00, based upon 3 hours of attorney’s work at a rate of $150.00 per hour and one $60.00 filling fee. 2 hours were spent preparing the motion and 1 hour will be spent attending the hearing. The Court finds this request reasonable and grants it in full.
CONCLUSION
Defendants All Valley Dealers Auto Auction, Inc. and Jeffrey Eric Faeber’s Motion to Compel Deposition of Plaintiff Scott Baker is GRANTED. Plaintiff is ordered to appear for a deposition within 30 days of the hearing on this motion.
Defendants All Valley Dealers Auto Auction, Inc. and Jeffrey Eric Faeber’s Request for Sanctions is GRANTED. Plaintiff is ordered to pay Defendants $510.00 in sanctions within 30 days of the hearing on this 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.