Judge: Gregory Keosian, Case: 18STCV09167, Date: 2023-02-21 Tentative Ruling

Case Number: 18STCV09167    Hearing Date: February 21, 2023    Dept: 61

Plaintiff Al Garzonne’s Motion to Compel Deposition of Defendant South Bay Pre-Owned. Inc. and Defendant’s Officer Pete Guerrero is GRANTED. Sanctions are awarded against Defendant and its counsel in the amount of $2625.

Plaintiff to give notice.

I.       MOTION TO COMPEL DEPOSITION

A party may make a motion compelling a witness’s deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).)

Plaintiff Al Garzonne (Plaintiff) served notices of deposition upon Defendant South Bay Pre-Owned’s (Defendant) Person Most Knowledgeable and its officer Pete Guerrero, along with related Requests for Production, on January 24, 2022, and sent additional notices while meeting and conferring with Defendant through October 2022, with the last deposition dates set for October 18 and 19, 2022, as confirmed by Defendant. (Sorial Decl. ¶¶ 2–11, Exhs. 11, 12..) Defendant notified Plaintiff’s counsel the day prior that no witness would be presented, and that Defendant’s counsel would be moving to withdraw as counsel shortly. (Sorial Decl. ¶ 12.)  Notices of non-appearance were taken on October 18 and 19. (Sorial Decl. ¶¶ 13–14.) Defendant did not respond to inquiries concerning the non-appearance. (Sorial Decl. ¶¶ 13–15.)

Plaintiff has demonstrated that Defendant has failed to appear for deposition. Defendant has not opposed the motion.

The motion to compel deposition is therefore GRANTED.

II.                SANCTIONS

If a motion to compel deposition is granted, “the court shall impose a monetary sanction . . .  in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. § 2025.450, subd. (g)(1).)

Plaintiff seeks $2,625.00 in sanctions, representing 5.25 hours of attorney work at $500 per hour, plus a $60 filing fee. (Sorial Decl. ¶ 15.) Plaintiff anticipates an additional four hours and $2,000 answering any opposition and preparing a reply (Sorial Decl. ¶ 16), but no such opposition has been submitted. (Sorial Decl. ¶ 16.) Sanctions are awarded against Defendant and its counsel in the amount of $2,625.