Judge: Donald F. Gaffney, Case: "Alicia Trabuco, L.P. v. Six Star Villa Foot Spa", Date: 2022-09-28 Tentative Ruling

TENTATIVE RULING: 

Motion to Compel Deposition

Plaintiff Alicia Trabuco, L.P., moves to compel the deposition of Defendant Zengguang Liu. For the following reasons, the unopposed motion is GRANTED.

Code of Civil Procedure Section 2025.450(a) provides that if a party witness fails to appear or produce documents, without having served a valid objection, the noticing party may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

Here, Defendant Liu failed to appear for the duly noticed deposition. (Burton Decl. ¶¶ 3-5.) Plaintiff need not show that it reached out to inquire about the non-appearance, as counsel for Defendant Liu informed Plaintiff that he would not appear at deposition. (Burton Decl. ¶ 4.)

Defendant Zengguang Liu is ordered to appear for deposition at a mutually agreeable time no later than October 14, 2022, at 10:00 a.m.

The court makes no ruling on the document requests contained in the deposition notice, as Plaintiff does not move to compel the production of requested documents.

Plaintiff’s request for sanctions is granted. Defendant Zengguang Liu shall pay sanctions in the amount of $620.00 to Plaintiff Alicia Trabuco, L.P., no later than 30 days from service of the notice of ruling. (See, e.g., Code Civ. Proc., § 2023.010(d), 2025.450(g)(1).)

Plaintiff to give notice.