Judge: Jon R. Takasugi, Case: 23STCV23593, Date: 2025-04-18 Tentative Ruling

Case Number: 23STCV23593    Hearing Date: April 18, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion to compel Plaintiff to appear for deposition is GRANTED. Within 10 days of entry of this order, Plaintiff is to provide a list of three available deposition dates with 20 days of this order. Plaintiff is sanctioned, jointly and severally with counsel, $700.00, payable within 60 days.

On 9/28/2023, Plaintiff Marcus Portis (Plaintiff) filed suit against the City of Los Angeles O 2/9/2024, Plaintiff filed a second amended complaint (SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process.

            On 3/26/2025, Defendant moved to compel Plaintiff to appear and testify at deposition. Defendant seeks monetary sanctions in connection with the motion.

            The motion is unopposed.

Discussion

            Defendant argues that Plaintiff, with the help of counsel, has continued to evade Defendant’s repeated requests that he sit for his deposition. Defendant contends that despite repeated efforts, Plaintiff claims he can only appear for deposition in May 2025. That timing would interfere with Defendant’s deadline of 5/19/2025 to move for summary judgment.

            The Court takes Plaintiff’s non-opposition to be a concession to this motion on the merits.

            Defendant’s motion to compel Plaintiff to appear for deposition is granted. Within 10 days of entry of this order, Plaintiff is to provide a list of three available deposition dates with the next 20 days. Plaintiff is sanctioned, jointly and severally with counsel, $700.00. ($350/hr x 2 hr.)

It is so ordered.

Dated:  April    , 2025

   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.