Judge: David A. Hoffer, Case: 30-2022-01250287, Date: 2023-08-14 Tentative Ruling

Before the Court are three motions brought by plaintiff Mary Ramirez, by and through her Successor-in-Interest, Stephanie Gibby, and Stephanie Gibby to compel the depositions of three employees of Empire Health Associates, LLC dba The Grove Care and Wellness.   The motions are MOOT as to compelling the depositions but GRANTED in part as to the request for sanctions.

As of the date of the filing of the replies to the three motions, moving party states that the depositions of all three individuals have now been completed.  Accordingly, the motions are moot as to the request for an order compelling depositions.

Although the depositions have been concluded, sanctions still remain at issue. (See Cal. Rules of Court, rule 3.1348(a)-“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”)

CCP §2025.450(g)(1) states that  “[i]f a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

It is apparent that the plaintiff and her counsel made substantial good faith efforts to obtain the depositions prior to filing the three motions, commencing with the first round of deposition notices being served in July and August 2022.  It also appears that the filing of the three motions is what caused the depositions to go forward.  In fact, the deposition of Nikolai Bondac was completed as recently as August 7, 2023, the same day that the replies were filed. 

Accordingly, the Court grants the request for sanctions and orders Defendant Empire Health Associates, LLC dba The Grove Care and Wellness, and its attorneys of record, Fraser Watson & Croutch, LLP, jointly and severally, to pay the reduced amount of sanctions in the total amount of $2,992.50 (for all three motions), to plaintiff, through her attorney of record, within 60 days.  The remainder of the motions are moot.

The Court orders Plaintiff to give notice of this ruling.