Judge: Deborah C. Servino, Case: 30-2021-01222729, Date: 2022-09-16 Tentative Ruling

Defendant Terry Hernandez’s motion for order compelling Plaintiff Ricardo Prado to appear for deposition is granted.

Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition the party giving notice may move for an order compelling the deponent’s attendance and testimony at deposition.  The motion must be accompanied by a declaration under Code of Civil Procedure section 2016.040 stating that the moving party contacted the deponent to inquire about the nonappearance.  (Code Civ. Proc., § 2025.450, subd. (b)(2).)

Plaintiff’s deposition was noticed twice for dates confirmed by Plaintiff’s counsel.  Plaintiff appeared neither time.  Defendant followed up the first time to obtain a new date.  As to the second time, defense counsel received an email less than 24 hours before the scheduled deposition, indicating that Plaintiff’s counsel was unable to get ahold of Plaintiff to confirm the deposition.  (Ng Decl., at ¶¶ 3-9, and Exhs. A, B, D, and E.) 

Plaintiff is ordered to appear for his deposition within 10 days of the notice of ruling, unless Defendant agrees to a later date. 

Defendant is awarded sanctions against Plaintiff.  Within 30 days of the notice of ruling, Plaintiff shall pay $1,060 to Gates, Gonter, Guy, Proudfoot & Muench, LLP. 

Defendant shall give notice of the ruling.