Judge: Kerry Bensinger, Case: 21STCV30282, Date: 2023-01-31 Tentative Ruling

Case Number: 21STCV30282    Hearing Date: January 31, 2023    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

TRACI DENYSE THORNTON,

                   Plaintiff(s),

          vs.

 

HARONI INVESTMENTS, LLC, et al.,

 

                   Defendant(s).

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CASE NO.: 21STCV31891

 

[TENTATIVE] ORDER RE: DEFENDANT HARONI INVESTMENTS, LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION

 

Dept. 27

1:30 p.m.

January 31, 2023

 

I.            INTRODUCTION

On February 28, 2022, plaintiff Traci Denyse Thornton(“Plaintiff”) filed this premises liability action against defendants Haroni Investments, LLC, Cit Bank, N.A., and Cit Group, Inc. (collectively, “Defendants”). Trial is currently scheduled for March 10, 2023. 

On September 29, 2022, Defendant Haroni Investments, LLC filed the instant motion to compel the depositions of Plaintiff. The motion is unopposed.

II.          LEGAL STANDARD

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).)

The party served with a deposition notice waives any error or irregularity unless that party promptly serves a written objection at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) In addition to serving this written objection, a party may also move for an order staying the taking of the deposition and quashing the deposition notice. (Code Civ. Proc., § 2025.410, subd. (c).)

“If, after service of a deposition notice, a party . . . without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

Where a motion to compel a party’s appearance and testimony at deposition is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.450, subd. (g)(1).) On motion of a party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction in favor of that party and against the deponent. (Code Civ. Proc., § 2025.450, subd. (g)(2).)

III.        DISCUSSION

Here, multiple deposition notices have been served on Plaintiff, and she has repeatedly failed to appear. (McNulty Decl., ¶¶2-3, Exh. A.) The last time defense counsel contacted Plaintiff to inquire about the Plaintiff’s nonappearance, Plaintiff’s counsel advised that he intended to withdraw as counsel. (Id., ¶4.) Plaintiff has not subsequently arranged to appear for deposition on any date certain. (Id., ¶5.) As Defendant sent a notice of deposition to Plaintiff and Plaintiff failed to appear, the motion is GRANTED.

Defendant waives sanctions.

IV.         CONCLUSION

Defendant’s motion is GRANTED. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

Dated this 31st day of January 2023

 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court