Judge: Holly J. Fujie, Case: 21STCV36577, Date: 2023-06-30 Tentative Ruling

Case Number: 21STCV36577    Hearing Date: January 17, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Quiang Ma (“Moving Defendant”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff’s complaint (the “Complaint”) alleges: (1) professional negligence/legal malpractice.

On December 1, 2023, Moving Defendant filed a motion to compel Plaintiff’s deposition and production of documents (the “Motion”).  The Motion also requests monetary sanctions against Plaintiff and counsel.

DISCUSSION

            Under CCP section 2025.450, where a deponent fails to attend a deposition and produce documents, an opposing party can ask the court to order the deponent’s attendance and testimony at a deposition, as well the production of the documents specified in the deposition notice.  The motion must include: (1) facts showing good cause justifying the production of documents; and (2) where a deponent fails to attend the deposition and produce the documents, a declaration must accompany the motion indicating that the party seeking the order to compel contacted the deponent to inquire about the deponent’s nonappearance.  (CCP § 2025.450, subd. (b)(1)-(2).)

            The Motion provides evidence of Moving Defendant’s attempt to schedule and conduct Plaintiff’s deposition, which culminated in Plaintiff’s failure to appear for his noticed November 9, 2023 deposition.  (See Declaration of Jon D. Robinson (“Robinson Decl.”) ¶¶ 2-8.)  The Court finds that the Motion complies with the requirements of CCP section 2025.450.  For this reason and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  Plaintiff is ordered to appear for his deposition within 20 days of the date of this order.

Monetary Sanctions

            Moving Defendant requests monetary sanctions in the amount of $7,119.10.  (Robinson Decl. ¶ 11.)  This amount represents: (1) court reporter fees in the amount of $1,140.55; (2) interpreter fees in the amount of $1,368.55; (3) 0.7 hours waiting for Plaintiff to appear at the November 9, 2023 deposition at a rate of $650 per hour; (4) 2.8 hours preparing the moving papers; (5) an anticipated 1.5 hours to prepare reply papers and two hours to appear at the hearing; and (3) $60 in filing fees.  (Id.)

455

 The Court exercises its discretion and GRANTS the Moving Defendant monetary sanctions in the reasonable amount of $4,844.10, which represents: $1,140.55 in court reporter fees; $1368.55 in interpreter fees; 0.7 hours of attorney time waiting for Plaintiff to appear at the deposition at a rate of $650 per hour; 2.8 hours preparing the moving papers; and the $60 filing fee.  (Moran v. Oso Valley Greenbelt Assn. (2004) 117 Cal.App.4th 1029, 1034.)  Plaintiff and counsel are jointly responsible for paying this amount within 20 days of the date of this order.

Moving party is ordered to give notice.        

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

           Dated this 17th day of January 2024