Judge: Daniel S. Murphy, Case: 21STCV27559, Date: 2023-05-05 Tentative Ruling

Case Number: 21STCV27559    Hearing Date: May 5, 2023    Dept: 32

BACKGROUND

            On July 27, 2021, Plaintiffs Nadia Grajeda, Robert Grajeda, and Susan Grajeda initiated this action against Defendants The Village Apartment Homes and GHP Management, asserting causes of action for (1) breach of the warranty of habitability, (2) nuisance, (3) breach of the covenant of quiet enjoyment, (4) negligent violation of statutory duty, (5) intentional violation of statutory duty, and (6) intentional infliction of emotional distress.  

            On March 28, 2023, Defendants filed the instant three motions to compel the depositions of each Plaintiff after Plaintiffs cancelled multiple times. Plaintiffs have not filed an opposition.

LEGAL STANDARD

             “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination . . . the party giving the notice may move for an order compelling the deponent’s attendance and testimony . . . .” (Code Civ. Proc., § 2025.450(a).)

DISCUSSION

            The notices of deposition were first served on August 4, 2022 for a September deposition. (Lerman Decl. ¶ 3.) The depositions were rescheduled to October upon Plaintiffs’ request. (Id., ¶¶ 4-5.) Upon further request by Plaintiffs, the depositions were again rescheduled to November. (Id., ¶ 6.) Plaintiffs cancelled the November depositions as well. (Id., ¶ 7.) Defendants notified Plaintiffs that further failure to appear for deposition by the end of 2022 would result in a motion to compel. (Id., ¶ 8.) To date, Plaintiffs have not made themselves available for deposition. (Id., ¶ 9.)

            Plaintiffs have failed to appear for deposition on multiple occasions. Plaintiffs do not oppose the motion and thereby concede its merit. Plaintiffs do not provide any substantial justification for their failure to appear. Therefore, sanctions are warranted.   Defendants reasonably claim $670 per motion, including attorneys’ fees and court reporter fees. (See Lerman Decl. ¶ 10.) For three motions, this totals $2,010.

CONCLUSION

            Defendants’ motions to compel deposition are GRANTED. Plaintiffs are to appear for deposition within 30 days. Sanctions are awarded against Plaintiffs in the amount of $2,010, to be paid within 30 days.