Judge: Joel R Wohlfeil, Case: 37-2021-00049993-CU-PO-CTL, Date: 2023-11-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 14, 2023

11/16/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2021-00049993-CU-PO-CTL HOMA VS KOPLEWICZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Notice - Other, 10/23/2023

The Motion (ROA # 233, 255) of Defendants DAVID KOPLEWICZ and BIBIANA HERRERA (collectively 'Defendants') for an order compelling non-party witness ARIELLE SUTTON ('Sutton') to attend and testify at her oral deposition originally scheduled to be held on September 29, 2023, and for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Sutton is directed to appear at a deposition within twenty (20) days of the hearing of this Motion. The Court will HEAR from the parties on a date certain for the deposition to occur. Absent an agreement among the parties, the deposition shall start at 9:00 AM and be completed by 4:30 PM, with breaks limited to 15 minutes in the morning, a one hour noon recess and 15 minutes in the afternoon. The location of the deposition shall be a location in San Diego County at the discretion of Defendants.

Sutton's failure to appear at the deposition was without substantial justification. Attorney Ho's $375 hourly rate is reasonable. The services, as limited, are reasonable and necessary. Sutton is directed to pay total sanctions of $1,875.

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