Judge: Douglas W. Stern, Case: 21STCV07843, Date: 2023-04-19 Tentative Ruling

Case Number: 21STCV07843    Hearing Date: April 19, 2023    Dept: 68

Jon-Paul Chevalier vs. Walker Patterson Inman III., Case No. 21STCV07843

Motion to Compel Deposition and Production of Documents

Moving Party – Plaintiff Jon-Paul Chevalier

Responding Party – Defendant Walker Patterson Inman III

Moving Party’s Position

            Plaintiff filed this motion to compel deposition because Defendant said that he would be unable to appear at the deposition originally scheduled for December 19, 2022, but failed to serve an objection to the original Notice of Deposition. Defendant then later served an objection to Plaintiff’s Notice of Continuance of Deposition for the deposition that was scheduled for February 9, 2023. When Plaintiff’s counsel emailed Defendant’s counsel requesting alternative dates, Defendant’s counsel did not respond.

Plaintiff also seeks to compel Defendant to produce the requested documents at the deposition. Lastly, Plaintiff is seeking sanctions against Defendant and Defendant’s counsel of record in the amount of $4,085.00.

Defendant’s Opposition

            Defendant’s main reasons for objecting to the motion are that Defendant is willing to appear for the deposition and that Defendant’s counsel are intending to withdraw from their representation of Defendant. Defendant also objects to the request for production of documents.

Plaintiff’s Reply

            Plaintiff argues in his reply that Defendant’s reasons for opposing the motion are not adequate. Plaintiff adequately cited the code sections allowing him to file the motion to compel. Further, Plaintiff argues that no subpoena is required to compel a party to produce documents at deposition as long as the deposition notice specified what documents the other party should produce. Finally, Plaintiff argues that the Court must impose monetary sanctions.   

Analysis

I.                   Motion to Compel Deposition

CCP § 2025.450(a) reads in relevant part:

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 proceed with it, 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, electronically stored information, or tangible thing described in the deposition notice.

            Defendant failed to properly object to the original Notice of Deposition. Upon Plaintiff serving a Notice of Continuance of Deposition, Defendant then served objections. However, this does not excuse Defendant’s failure to properly object to the original Notice of Deposition.

Accordingly, based on CCP § 2025.450(a) Plaintiff’s motion to compel deposition and production of documents is GRANTED.

II.                Sanctions

CCP § 2025.450(g)(1) requires that the Court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent.

Plaintiff has requested sanctions in the amount of $4,085.00 against Defendant and Defendant’s counsel. Plaintiff’s counsel’s billing rate is $350.00 an hour. Plaintiff’s counsel spent 7.5 hours researching and preparing the motion ($2,625.00); anticipates spending 3 hours reviewing the opposition and preparing the reply ($1,050.00); 1 hour to appear at the hearing ($350.00); and filing fees in the amount of $60.00. (Isaacs Decl., ¶ 8.)

The amount of time appears excessive.  The Court awards $2,500 as sanctions against both Plaintiff and his counsel.

Order

1.      Plaintiff’s motion to compel deposition and production of documents is GRANTED.

2.      The Court will discuss dates for deposition at the hearing and will issue an order with the selected date.

3.      Defendant Walter Patterson Inman, III and Defendant’s counsel Doron F. Eghbali, Esq. are ordered to pay sanctions in the amount of $2,500.00.

4.      The sanctions are to be paid within 30 days of the date of this order.