Judge: Gregory Keosian, Case: 20STCV02941, Date: 2023-01-10 Tentative Ruling

Case Number: 20STCV02941    Hearing Date: January 10, 2023    Dept: 61

Plaintiff Barbara Oatis’s Motion to Compel Deposition of Defendant Jacquelyn Mease is GRANTED. Sanctions are awarded in the amount of $1,125.

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 Barbara Oatis (Plaintiff) moves to compel the deposition of Defendant Jacquelyn Mease (Defendant). Plaintiff’s counsel declares that he served a notice of deposition on Defendant on October 11, 2022, following several attempts to secure dates of deposition from Defendant beginning in August 2022. (Akhidenor Decl. ¶¶ 3–10.) But Defendant provided no dates of availability for deposition either before or after the notice was sent, even though Plaintiff’s attempts to secure dates persisted through November 2022. (Akhidenor Decl. ¶¶ 11–14.)

No opposition to this motion has been filed, and Defendant has not explained why she could not provide dates of availability for deposition. Defendant has thus failed to appear or proceed with the deposition under Code of Civil Procedure § 2025.450, and the motion to compel is GRANTED.

If a motion to compel deposition is granted, the party making the motion is entitled to monetary sanctions against the opposing party, unless the opposing party acted with substantial justification, or other circumstances make a sanctions order unjust. (Code Civ. Proc. § 2025.450, subd. (g)(1).)

Plaintiff here seeks $1,500.00 in sanctions, representing six hours of work at $250 per hour. (Akhidenor Decl. ¶¶ 16–19.) This includes 1.5 hours anticipated in relation to an opposition which has not been filed, leading to a maximum sanctions award of $1,125.00.

Sanctions are awarded against Defendant and her counsel in the amount of $1,125.