Judge: Elaine W. Mandel, Case: 24SMCV00261, Date: 2025-06-13 Tentative Ruling

Case Number: 24SMCV00261    Hearing Date: June 13, 2025    Dept: P

Tentative Ruling

Levi v. City of Los Angeles, Case no. 24SMCV00261

Hearing date June 13, 2025

Defendant/Cross-Complainant City’s Motion for Sanctions

Plaintiff Levi, in pro per, sues defendant City of Los Angeles for injuries sustained when he tripped on exposed rebar. Defendant City cross-complains against CALTRANS and Los Angeles County Flood Control District. Defendant City moves for sanctions against plaintiff, who failed to appear for deposition, costing the City $650 in reporter costs. The motion is unopposed.

Cal. Code Civ. Proc. §2030.030(a) provides: "The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process… pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct...If a monetary sanction is authorized…, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." Cal. Code Civ. Proc. §2023.010 sets forth conduct constituting misuse of the discovery process, including "[f]ailing to respond or to submit to a authorized method of discovery."

Plaintiff was served a deposition subpoena 1/3/25. Decl. Lewis para. 3; exh. 1. The subpoena noticed 1/13/25 as the date of deposition, which was agreed to by plaintiff. Decl. Lewis para. 2. Plaintiff failed to appear without notice, causing defendant City to incur $650 in court reporter fees. Decl. Lewis paras. 4-6.

Plaintiff does not deny his failure to appear, instead asserting at the 2/4/25 CMC that he was not required to appear at deposition because he is self-represented. Decl. Lewis para. 7. The court suggested an in-court deposition for 2/24/25, at which plaintiff appeared. Decl. Lewis paras. 8-10.

Defendant City requests $650 in sanctions for court reporter fees incurred due to plaintiff’s failure to appear. Decl. Lewis para. 11; exh. 2. The motion is unopposed; plaintiff offers no justification for his failure to appear. Sanctions of $650 GRANTED, payable within 30 days.