Judge: Jon R. Takasugi, Case: 21STCV33893, Date: 2024-02-26 Tentative Ruling

Case Number: 21STCV33893    Hearing Date: February 26, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion for order compelling third-party Yajaira Vivas to appear for an OSC re: contempt is GRANTED.

Vivas is sanctioned, jointly and severally with counsel, $1,060.00.

            On 9/14/2021, Plaintiff John Deere Construction Company (Plaintiff) filed suit against Luis Vivas Arias (Defendant), alleging: (1) breach of contract—five counts; and (2) claim and delivery—five counts.

            On 2/8/2024, Plaintiff moved for an order directing third-party Yajaira Vivas to show cause as to why she should not be held in contempt for willfully disobeying the Court’s 4/12/2023 order for her to appear for deposition. Plaintiff also seeks monetary sanctions.

            The motion is unopposed.

Discussion

            On 4/12/2023, the Court granted Defendants’ motion to compel the deposition of third-party witness Yajaira Vivas. Subsequently, a deposition subpoena was personally served on her to appear on 8/9/2023. She did not appear or notify counsel that she was not going to appear for the deposition.

            Plaintiff moved ex parte for an OSC re: Contempt for Vivas’s failure. The motion was granted on 10/5/2023. An OSC was set for 12/4/2023. After a number of continuances, at the 1/12/2023 hearing, the Court ordered counsel to refile and reserve the motion for contempt on Vivas.

            After re-serving the motion on Vivas, Vivas has still not opposed the motion. Accordingly, Vivas has not set forth any justification for her failure to obey a Court order, and Plaintiff’s motion for an OSC re: contempt is granted. Vivas is sanctioned, jointly and severally with counsel, $1,060, the full amount requested by Plaintiff. 

It is so ordered.

Dated:  February    , 2024

   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.  For more information, please contact the court clerk at (213) 633-0517.