Judge: Kerry Bensinger, Case: 22STCV10531, Date: 2023-08-03 Tentative Ruling

Case Number: 22STCV10531    Hearing Date: October 4, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 4, 2023                                            TRIAL DATE:  March 26, 2024

CASE:                                Eva Aguirre v. Evans Community Adult School, et al.

CASE NO.:                 22STCV10531

MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF EVA AGUIRRE

MOVING PARTY:               Defendant Los Angeles Unified School District

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On March 28, 2022, Plaintiff, Eva Aguirre, initiated this action against Defendants, Evans Community Adult School and Los Angeles Unified School District (“LAUSD”), for injuries arising from a slip and fall in the restroom of the Evans Community Adult School.¿  

On September 7, 2023, LAUSD filed this motion to compel Plaintiff to appear at deposition.  LAUSD requests sanctions.  

The motion is unopposed.

II.        LEGAL STANDARD TO COMPEL DEPOSITION 

            Any party may obtain discovery by taking in California the oral deposition of any person.¿ (Code Civ. Proc., § 2025.010.)¿ “If, after service of a deposition notice, a party to the action…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.”¿ (Code Civ. Proc., § 2025.450, subd. (a).)¿¿¿

            Monetary Sanctions

            “If a motion under [Code of Civil Procedure section 2025.450] subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”¿ (Code Civ. Proc., § 2025.450, subd. (g)(1).)¿¿¿¿¿ 

III.      DISCUSSION

On March 16, 2023, LAUSD noticed Plaintiff’s deposition for April 4, 2023.  Thereafter, Defense counsel attempted to meet and confer with Plaintiff’s counsel regarding the upcoming deposition and the status of other outstanding discovery.  On March 31, 2023, Defense counsel emailed Plaintiff’s counsel to confirm Plaintiff’s attendance at the deposition.  Plaintiff’s counsel untimely objected via email due to unavailability.  However, despite representing he would do so, Plaintiff’s counsel failed to provide a copy of written objections to the deposition or alternative dates for the deposition.  Defendant noticed Plaintiff’s deposition once more for July 10, 2023.  Plaintiff’s counsel again interposed an untimely objection based on unavailability.  Plaintiff did not appear at the July 10, 2023 deposition date and Plaintiff’s non-appearance was taken by the court reporter.  (See Haddad Decl.) 

LAUSD properly noticed Plaintiff’s deposition on two occasions and Plaintiff failed to appear.  Accordingly, LAUSD’s motion to compel is GRANTED.¿ 

Monetary Sanctions

LAUSD requests sanctions against Plaintiff and her counsel.  Given that the Court has granted this motion and Plaintiff’s counsel’s conduct is unjustified, sanctions are warranted against Plaintiff and her counsel.  Accordingly, sanctions are imposed against Plaintiff and her counsel in the sum of $1,752, consisting of 2 hours at defense counsel’s hourly rate and $1,512 for deposition costs.

IV.       CONCLUSION 

The motion is granted.  Plaintiff Eva Aguirre is ordered to appear for deposition within 10 days of this order.

The request for sanctions is granted.  Plaintiff and her counsel of record are ordered to pay, jointly and severally, sanctions in the sum of $1,752 to Defendant LAUSD, by and through its counsel, within 30 days of this order.

Moving party to give notice. 

Dated:   October 4, 2023                                                           ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.