Judge: Daniel S. Murphy, Case: 21STCV23163, Date: 2024-03-04 Tentative Ruling

Case Number: 21STCV23163    Hearing Date: March 4, 2024    Dept: 32

BACKGROUND

            On June 22, 2021, Plaintiff Songhee Kim filed this action against Defendants Jaewook Jeong and Jeong Jang for assault, battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, failure to pay all earned wages and violations of the Ralph Civil Rights Act.

            On September 29, 2022, Plaintiff filed a motion to compel the deposition of nonparty Jeehyun Yum. The motion was denied on February 21, 2023 on the grounds that the motion was not personally served.

            On April 26, 2023, Plaintiff filed another motion to compel the deposition of Jeehyun Yum, this time personally served. The case was subsequently reassigned to this Court, and the motion was reset for March 4, 2024. There is no opposition to the motion.

LEGAL STANDARD

“If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Civ. Proc., § 1987.1, subd. (a), (b).) Good cause must be shown to compel a nonparty to produce documents. (See Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 224.) 

DISCUSSION

            Plaintiff reported the assault alleged in the complaint to the Consulate General of the Republic of Korea, which sent Mr. Yum to investigate. On July 11, 2022, Plaintiff issued a subpoena for the deposition of Mr. Yum, scheduling the deposition for August 25, 2022. (Beck Decl. ¶ 3, Ex. 1.) The subpoena was personally served on Mr. Yum at the Consulate’s location in Los Angeles. (Id., Ex. 2.) Mr. Yum did not appear for deposition on August 25, 2022. (Id., ¶ 5.) After Plaintiff’s first motion to compel was denied, Plaintiff served another subpoena to Mr. Yum on March 2, 2023, setting the deposition for March 31, 2023. (Id., ¶¶ 8-9, Ex. 5, 6.) Mr. Yum did not appear for deposition on March 31, 2023. (Id., ¶ 10.) Plaintiff’s counsel attempted without success to confer with Mr. Yum on rescheduling his deposition. (Id., ¶ 11.)

            Both the subpoena and this motion were personally served on Mr. Yum at the Consulate’s location in Los Angeles. The Court finds that Mr. Yum has failed to appear for his duly noticed deposition. No substantial justification has been provided.

            Sanctions are awarded in the following manner. Plaintiff’s counsel reasonably claims 3 hours to prepare the motion at a rate of $350 per hour. (Beck Decl. ¶ 12.) Plaintiff additionally claims $651 for the first missed deposition, and $651 for the second missed deposition. (Id., ¶ 12, Ex. 9.) The Court awards $651 for the second deposition, which is the subject of this motion. Plaintiff’s first motion to compel was denied. Therefore, the total amount of sanctions is $1,701.

CONCLUSION

            Plaintiff’s motion to compel deposition is GRANTED. The Court sanctions Mr. Yum in the amount of $1,701, to be paid within 30 days.