Judge: Daniel M. Crowley, Case: 22STCV15304, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCV15304    Hearing Date: May 24, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff’s unopposed motion to compel Defendant Jeannie Yi’s deposition is granted. 

Defendant Yi is ordered to attend and testify at her deposition within 10 days.

Plaintiff’s motion for sanctions is granted in amount of $804.15 against Defendant.  Sanctions are payable within 30 days.

          Plaintiff Joel Wertman (“Wertman”) (“Plaintiff”) moves unopposed to compel Defendant Jeannie Yi (“Yi”) (“Defendant”) to attend and testify at her deposition.  (Notice of Motion, pg. 1.)  Plaintiff also moves for monetary sanctions of $804.15 against Defendant for willful and intentional failure to comply with the relevant code section(s) of the Discovery Act.  (Notice of Motion, pg. 2; C.C.P. §§2025.220, et seq.; §2025.430; §2025.450.)

Having reviewed Plaintiff’s unopposed Motion to Compel Defendant to attend and testify at her deposition the Court rules as follows.

          On November 6, 2022, Plaintiff noticed the deposition of Defendant for deposition on November 21, 2022, and noted the deposition would be conducted via a remote link.  (Decl. of House ¶2, Exh. 1.)  Prior to the date of Defendant’s deposition, Defendant’s counsel did not communicate a request to continue the deposition or request the link for the remote appearance.  (Decl. of House ¶2.)  Defendant did not appear at her November 21, 2022, deposition.  (Decl. of House ¶2.)  Plaintiff’s counsel electronically served a second deposition notice for a deposition on December 21, 2022, requiring Defendant to appear remotely.  (Decl. of House ¶3, Exh. 2.)  Defendant failed to appear at the second noticed deposition, and Defendant’s counsel did not object to the deposition nor request the video link for the deposition.  (Decl. of House ¶3.)  On December 22, 2022, Plaintiff’s counsel wrote to Defendant’s counsel requiring Defendant’s deposition take place before January 15, 2023.  (Decl. of House ¶4, Exh. 3.)  Plaintiff’s counsel never received a response from Defendant’s counsel.  (Decl. of House ¶4.)

          The Court grants the motion pursuant to C.C.P. §2025.450 and orders Defendant to appear and testify at her deposition.  Defendant is to appear and testify at her deposition within 10 days of this order.

Plaintiff requests monetary sanctions totaling $804.15 against Defendant. The Court awards sanctions pursuant to C.C.P. §2025.450(g)(1) in the amount of $804.15, calculated as follows:

 ($495.00 x 1.5 hours) + $61.65 filing fee = $804.15

Sanctions are payable within 30 days.

Moving Party is to give notice of this ruling.

Dated:  May _____, 2023

Hon. Daniel M. Crowley