Judge: Daniel M. Crowley, Case: 21STCV44153, Date: 2022-09-21 Tentative Ruling

Case Number: 21STCV44153    Hearing Date: September 21, 2022    Dept: 28

Defendant County of Los Angeles’s Motion to Compel Deposition of Plaintiff Christopher Michael Smith, Jr.

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

BACKGROUND

On December 2, 2021, Plaintiff Christopher Michael Smith, Jr. (“Smith”) filed this action against Defendants County of Los Angeles (“County”), City of Los Angeles (“City”) and Hans Christian (“Christian”) for motor vehicle negligence and liability of public entities.

On February 17, 2022, the County and Christian filed an answer.

On August 24, 2022, the County filed a Motion to Compel Plaintiff Christopher Michael Smith, Jr.’s Deposition to be heard on September 21, 2022.

Trial is currently scheduled for June 1, 2023.

PARTY’S REQUESTS

Defendants request the Court order Plaintiffs to appear for her deposition within 5 days of the date of this hearing. Defendants also request the Court impose monetary sanctions against Pla totaling $2,061.65 and Reed totaling $1,661.65.

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

On May 26, 2022, The County served Plaintiff with a notice of deposition for June 15, 2022. Plaintiff’s counsel informed Defendants that they had been unable to reach Plaintiff despite their best efforts. No objections were served. Plaintiff failed to appear at the deposition. As such, the Court finds there is good cause to grant the motion.

Sanctions

The County is entitled to sanctions due to misuse of the discovery process. The County requests $1,475.20 in sanctions. This is based upon 4 hours of attorney’s work at a rate of $165.00 per hour and one $815.20 for the Certificate of non-appearance. The Court grants $1,310.20 in sanctions, based upon 3 hours of attorney’s work.

CONCLUSION

Defendant County of Los Angeles’s Motion to Compel Deposition of Plaintiff Christopher Michael Smith, Jr. is GRANTED. Plaintiff is ordered to appear for a mutually agreed upon deposition within 30 days of the hearing on this motion.

Defendant County of Los Angeles’s Requests for Sanctions is GRANTED. Plaintiff is ordered to pay Defendants $1,475.20 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.