Judge: Elaine W. Mandel, Case: 23SMCV01758, Date: 2024-08-08 Tentative Ruling

Case Number: 23SMCV01758    Hearing Date: August 8, 2024    Dept: P

Tentative Ruling

Kelly v. Betzen, Case No. 23SMCV01758

Hearing date: August 8, 2024

Kelly’s Motion to Compel Deposition (UNOPPOSED)

Plaintiff Kelly sues for injuries sustained in a vehicle accident. Plaintiff moves for an order compelling defendant’s attendance at deposition and production of documents, pursuant to C.C.P. § 2024.450 and for $3,260.00 in monetary sanctions. No opposition has been filed.

Code of Civil Procedure section¿2025.450(a) provides:¿“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 . . . 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).

Code of Civil Procedure section¿2025.450(c) provides, “(1) If a motion under subdivision (a) is granted, the court shall impose a monetary sanction . . .”

At the informal discovery conference, the parties agreed to “stipulate to liability or confirm defendant's deposition on 05/26/24.” 5/17/24/ Minute Order. Kelly’s counsel notified defense counsel she was not able to stipulate to liability and opted to schedule the deposition. Id. ¶13, Ex. Kelly noticed Betzen’s deposition on June 6, 2024, to be held June 26, 2024. Keshishyan decl., ¶12, Ex. J. Betzen did not appear. Id. ¶14. Betzen does not oppose the motion.

Kelly request $3,260 in sanctions eight (8) hours researching, preparing and arguing the motion at $400 per hour and $60 for filing fees. Keshishyan Decl., ¶¶16-17. This is excessive given the simplicity of the motion and lack of opposition or reply. The court awards $1,660, representing four (4) hours preparing and arguing the motion and $60 filing fee, against defendant and counsel, payable within 30 days. GRANTED.