Judge: Jon R. Takasugi, Case: 20STCV13063, Date: 2023-02-01 Tentative Ruling

Case Number: 20STCV13063    Hearing Date: February 1, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel Defendant MKM Trading LLC to appear for deposition is GRANTED.

Defendant is sanctioned, jointly and severally with counsel, $1050.00.

On 4/2/2020, Plaintiff Miawa Investment, Inc. and Maggie-Dawson, Inc. (collectively, Plaintiffs) filed suit against Zhou Cai, and Vista Selection, Inc., alleging: (1) breach of contract; and (2) fraud.

            On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross-complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence.

            On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) fraud.

Now, Plaintiffs move to compel Defendant MKM Trading LLC to appear for deposition.

The motion is unopposed.

Discussion

            Plaintiffs move to compel Defendant MKM Trading LLC to appear for deposition.

            On 9/29/2022, Plaintiff a served Notice of Deposition on Defendant MKM Trading LLC. Without objection to the deposition, Defendant’s counsel, Mr. Nash, stated Defendant was not available on 10/19/2022 and promised to provide some available dates. Defendant’s counsel then failed to respond. Defendant and counsel failed to appear for the noticed deposition, failed to offer alternative dates, and failed to oppose this motion.

Code of Civil Procedure § 2025.450 provides, in pertinent part, as follows: 

(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. 

(b) A motion under subdivision (a) shall comply with both of the following: 

(1)   The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(2) 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. 

            Plaintiff’s motion complies with all procedural requirements. Plaintiff’s motion is granted. Defendant failed to oppose this motion and thus has not offered any substantial justification for its conduct. Defendant is sanctioned, jointly and severally with counsel, $1,050.00. ($350/hr x 3 hr.)

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.