On March 10, 2021, Wesley Schwartz (“Plaintiff”) filed this action against City of Los Angeles (“Defendant”).  Plaintiff’s Complaint alleges the following causes of action: (1) Public Entity Liability; (2) Dangerous Condition of Public Property; and (3) Negligence.  Plaintiff’s Complaint alleges that, on approximately August 28, 2020, Plaintiff was riding a scooter on Abbot Kinney Boulevard when, without warning, Plaintiff came into contact with a pothole, causing Plaintiff to fly from his scooter and collide into a bicycle rack on a sidewalk.  Plaintiff contends Defendant acted negligently by failing to properly warn or otherwise inform persons of the pothole.  At his deposition, Plaintiff testified that the incident occurred while he and Jennifer Schanuth (“Schanuth”) were riding motorized scooters to Schanuth’s home. 

Defendant now moves to compel Schanuth, a percipient eyewitness in this matter, to sit for deposition.  Defendant also requests $1,526.90 in monetary sanctions against Schanuth.  No opposition has been filed. 

Any party may obtain discovery by taking in California the oral deposition of any person.  (Code Civ. Proc., § 2025.010.)  A deposition subpoena may command the attendance and the testimony of a nonparty deponent, as well as the production of business records, other documents, electronically stored information, and tangible things.  (Code Civ. Proc. §  2020.020.)  If a nonparty deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.  (Code Civ. Proc. §§ 2024.480, 2025.480.)   

If the nonparty deponent is a natural person, any person may serve the subpoena by personal delivery of a copy of it to that person.  (Code Civ. Proc. § 2020.220, subd. (b)(1).)  Personal service of any deposition subpoena is effective to require the personal attendance and testimony of the nonparty deponent, if the subpoena so specifies.  (Code Civ. Proc. § 2020.220, subd. (c)(1).)   

A nonparty that fails to appear pursuant to a deposition subpoena is subject to the payment of damages, in addition to the payment of $500.  (Code Civ. Proc. §§ 2020.240 and 1992.)   

III. ANALYSIS 

On July 27, 2022, Defendant served a deposition notice on Schanuth. (Dixon Decl., ¶ 7, Ex. 2.)  The notice indicated that Schanuth’s deposition would take place on August 8, 2022.  (Id.)  Plaintiff served an objection to the deposition and a Motion to Quash, but Plaintiff’s counsel later indicated he would defend Schanuth’s deposition and accept service on her behalf.  (Dixon Decl., ¶ 8, Ex. 3.)  On August 24, 22, pursuant to Defendant’s request, the Motion to Quash the Deposition Subpoena of Jennifer Schanuth was taken off calendar. 

On September 21, 2022, Defendant served an amended deposition notice which noticed a mutually agreed upon date of October 11, 2022.  However, because of a scheduling conflict, the parties agreed to reschedule Schanuth’s deposition.  Plaintiff offered dates after the discovery cut-off, then failed to provide any date for the deposition.  As such, Defendant issued a second amended deposition notice for Schanuth’s deposition on October 24, 2022.  (Dixon Decl., ¶ 11-12, Ex. 6.)  Schanuth neither objected nor appeared for deposition on October 24.  

Defendant properly noticed Schanuth’s deposition and Schanuth failed to appear.  Accordingly, Defendant’s motion to compel the deposition of Jennifer Schanuth is GRANTED. 

Defendant requests $2,540.65 in sanctions to cover fees and costs for bringing this motion.  Defendant offers a declaration from counsel who states he spent 3.5 hours preparing this motion and anticipates spending another 1.5 hours preparing a reply and attending the hearing at an hourly rate of $302.50.  

Pursuant to Section 2025.450, subdivision (g)(1), the Court is obligated to impose sanctions.  Defendant’s counsel’s hourly rate is reasonable.  However, this is an unopposed motion.  Two hours for preparing this motion and another hour for attending the hearing is sufficient—for a total of 3 hours at $302.50 per hour ($907.50), plus $60 filing fee, $468.15 court reporter fee, and $500 (Code Civ. Proc. §§ 2020.240 and 1992), for a total of $1,935.65. 

IV.  CONCLUSION 

The motion is granted.  The Court orders Jennifer Schanuth to appear for deposition within 30 days of notice of this order.