Judge: Daniel S. Murphy, Case: 23STCV01602, Date: 2023-11-17 Tentative Ruling

Case Number: 23STCV01602    Hearing Date: November 17, 2023    Dept: 32

BACKGROUND

            This is a landlord-tenant dispute arising from alleged uninhabitable conditions. Plaintiffs are various tenants residing at the subject premises. The operative First Amended Complaint, filed February 16, 2023, asserts breach of the warranty of habitability, negligence, intentional infliction of emotional distress, nuisance, violation of Civil Code section 1942.4, violation of the Los Angeles Municipal Code (LAMC), and violation of Business and Professions Code section 17200.

            On October 26, 2023, Defendants Monarch Apartments Owner LLC, Crescent Canyon Corp., and Manhattan West Property Management LLC filed the instant motion to compel the deposition of Plaintiff Garcia. Plaintiff has 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, or to proceed with it, or to produce for inspection any document … 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 … described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

DISCUSSION

            Defendants served the deposition notice on October 6, 2023 to Plaintiff’s email. (Mahbubani Decl. ¶ 3.) The notice scheduled Plaintiff’s deposition for October 23, 2023. (Id., ¶ 2.) Plaintiff did not respond to the notice or serve any objections. (Id., ¶¶ 5-6.) Defendants sent a reminder to Plaintiff of the deposition on October 20, 2023. (Id., ¶ 7.) Plaintiff did not respond to this email either. (Id., ¶ 8.) Plaintiff failed to appear on October 23, 2023. (Id., ¶ 10.) These facts warrant an order compelling the deposition.  

CONCLUSION

            Defendants’ motion to compel deposition is GRANTED. Plaintiff shall appear for deposition on or before November 21, 2023. Evidentiary sanctions are denied.