Judge: Daniel S. Murphy, Case: 24STCV42255, Date: 2024-10-11 Tentative Ruling

Case Number: 24STCV42255    Hearing Date: October 11, 2024    Dept: 32

BACKGROUND

            On November 4, 2020, Plaintiff Jason Casasola filed this action against Defendants Chloe’s Apartments, LLC, Apartment Management Group, LLC, Adrian Malin, Dan Zuckerman, and Does 1 to 25, asserting thirteen causes of action stemming from alleged uninhabitable conditions. This case has been consolidated with Shawnqa Edwards, et al. v. Eloise Williams, et al. (22STCV00005), with this case as the lead case.

            On September 16, 2024, Defendants Chloe’s Apartments, LLC, Apartment Management Group, LLC, and Malin Asset Management, Inc. filed the instant motion to compel the deposition of Plaintiff Shawnqa Edwards. Plaintiff has not filed an opposition.    

LEGAL STANDARD

“If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination . . . or to produce for inspection any document, electronically stored information, or tangible thing 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(a).)

DISCUSSION

            Plaintiff Edwards’ deposition has been rescheduled multiple times. (Carpenter Decl. ¶ 3.) The deposition partially took place on February 13, 2024, but Plaintiff suspended the deposition to take her child to the doctor. (Id., ¶ 4.) Most recently, the deposition was set for August 30, 2024. (Id., ¶ 30.) Defendants issued a deposition notice to this effect on August 16, 2024. (Id., Ex. A.) Plaintiff did not appear on August 30, 2024. (Id., ¶ 6.) Defendants attempted to meet and confer, but no alternative dates have been provided. (Id., ¶ 7.) 

            The facts demonstrate that Plaintiff has failed to appear for deposition despite a duly issued notice. Therefore, an order compelling appearance is warranted. Sanctions are also warranted as Plaintiff presents no substantial justification for failing to comply with discovery. Defendants reasonably request $810. (See Carpenter Decl. ¶ 9.)

CONCLUSION

            Defendants’ motion to compel deposition is GRANTED. Plaintiff Shawnqa Edwards shall appear for deposition within 20 days of this order. The Court sanctions Plaintiff and Plaintiff’s counsel in the total amount of $810, to be paid within 30 days of this order.