Judge Gary Y. Tanaka, Case 20STCV33801 2022-10-12 Tentative Ruling

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka Wednesday, October 12, 2022

Department B Calendar No. 4

Pamela Roosin’s Motion to Compel Paul Horwich’s Attendance and Testimony at Deposition and for Sanctions is granted.

Plaintiff filed his Complaint Filed on August 28, 2020. Plaintiff alleges the following facts. This action stems from the alleged wrongful death and elder abuse of Plaintiff’s decedent June Horwich who was under the care of Defendants. Plaintiff alleges the following causes of action: 1. Elder Abuse; 2. Wrongful Death.

The party noticing the deposition may move for an order compelling appearance at the deposition and production of documents, pursuant to the deposition notice, from the party deponent who fails to appear or produce materials requested in the deposition notice, and who has not served a valid objection under § 2025.410(a). CCP § 2025.450(a).

“The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” CCP § 2025.450(b)(2).

Defendant set forth a meet and confer declaration in compliance with CCP § 2025.450(b)(2) and CCP § 2016.040. (Decl., Lee K. Fink, ¶¶ 5-13.)

Defendant Pamela Roosin moves for an order compelling Defendant Paul Horwich to attend his deposition and provide testimony. The motion is made on the ground that deponent has refused to appear for his deposition. Moving Defendant also seeks sanctions against deponent in the sum of $9,166.33.

Deponent failed to file any written opposition. Therefore, Defendant’s motion to compel deposition is granted. Defendant Paul Horwich is ordered to appear for his properly noticed deposition at a reasonable date and time to be determined by moving Defendant.

Defendant Paul Horwich is sanctioned the total sum of $4,016.33 to be paid to moving party within 30 days of this date. The fees were calculated in the following manner. The fees sought by Defendant, which includes $956.33 in fees and costs incurred due to Plaintiff’s failure to appear for deposition and service of subpoenas, and $3,060.00 in fees and costs incurred in making this motion (calculated at 8 hours to prepare and appear at $375/hour, plus $60.00 filing fee) were awarded. The hourly rated was derived using the rate charged by the attorney and the law clerk and determining that reasonable hours expended would be 4 hours by each.

Therefore, Defendant’s motion for order to compel deposition and for monetary sanctions is granted.