Judge: Daniel M. Crowley, Case: 22STCV23318, Date: 2023-08-21 Tentative Ruling

Case Number: 22STCV23318    Hearing Date: September 18, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Harold G. Becks’ motion to compel Plaintiff Carla Langley to attend her deposition and produced the documents and things requested in the notice of deposition is granted.  Plaintiff is to appear for deposition within 3 days.

Defendant’s request for monetary sanctions on the motion to compel deposition is granted in the reduced amount of $1,635.00 against Plaintiff and her counsel of record.  Sanctions are payable within 20 days.

          Defendant Harold G. Becks (“Becks”) (“Defendant”) moves to compel Plaintiff Carla Langley (“Langley”) (“Plaintiff”) to appear for deposition and produce responsive documents.  (Notice of Motion, pg. 2; C.C.P. §2025.450.)  Defendant also requests an award of sanctions against Plaintiff and Steven Tamer to pay expenses and costs incurred on this motion.  (Notice of Motion, pg. 2.)

Having reviewed Defendant’s Motion to Compel Plaintiff to Attend and Produce Writings at Deposition, the Court rules as follows.

          On August 8, 2023, Defendant served a Notice of Deposition and Request to Inspect Writings on Plaintiff for a deposition on August 24, 2023.  (Decl. of Long ¶3, Exh. A.)  Defendant’s counsel declares Defendant is an attorney, and to reduce litigation costs, he has associated into this case as an attorney of record.  (Decl. of Long ¶4, Exh. C.)  Defendant’s counsel declares that when Plaintiff’s counsel, Steven Tamer, became aware that Defendant would be taking Plaintiff’s deposition, Tamer complained that his client had a sexual harassment claim against him and stated Plaintiff would not attend the deposition.  (Decl. of Long ¶5.)  Defendant’s counsel declares that after discussions with Tamer, she agreed that Defendant would ask questions at the deposition unrelated to the issues of harassment and that Defendant’s counsel would ask the questions regarding the sexual harassment claim.  (Decl. of Long ¶5, Exh. C.)  Plaintiff never served a written objection to Defendant and Plaintiff did not seek a protective order.  (Decl. of Long ¶6.)

          The Court grants the motion pursuant to C.C.P. §2025.450 and orders Plaintiff to appear for deposition and produce responsive documents in 3 days.

Defendant requests monetary sanctions totaling $2,085.00 against Plaintiff and Tamer.

The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $1,635.00 calculated as follows:

2 hours to prepare instant motion + 0.5 hours to appear at hearing = 2.5 hours 

($450 per hour x 2.5 hours) + $60 filing fee + $450.00 court reporter fee = $1,635.00

The sanctions are payable by Plaintiff and her counsel within 20 days of this order.

Moving Party is to give notice of this ruling.

Dated:  September _____, 2023