Judge: Kevin C. Brazile, Case: 21STCV38459, Date: 2022-08-22 Tentative Ruling

Hearing Date: August 22, 2022

Case Name: Remneef v. Bellatrix Media, Inc., et al.

Case No.: 19STCV15486

Matter: Motion for Sanctions, etc.

Moving Party: Defendant Maureen Roarke 

Responding Party: Plaintiff Melanie Remneef

Notice: OK

Ruling: The Motion is granted in part.  Patsy Holman is to appear for a 

deposition within twenty days and produce the documents requested within the subject subpoena.  No sanctions will be awarded. 

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an employment action.  Defendant Maureen Roarke seeks evidentiary sanctions precluding any testimony by witness Patsy Holman at trial.  Defendant seeks this sanction because she contends that Holman failed to comply with Defendant’s deposition subpoena despite being a key witness for Plaintiff.  As an alternative to an evidentiary sanction, Defendant seeks for the Court to compel compliance with her subpoena and to issue monetary sanctions in the amount of $7,735.

Plaintiff Melanie Remneef has submitted an Opposition in which she contends that neither evidentiary nor monetary sanctions are warranted against Holman, who is a non-party.  

The Court, in the exercise of its discretion, orders that Holman appear for a deposition within twenty days and produce the documents requested within the subject subpoena.

Defendant’s request for monetary sanctions is made pursuant to Code Civ. Proc. §§ 2020.240, 1992, and 1987.2.

Code Civ. Proc. § 1992 is inapplicable because relief under this statute would require a separate action.  (2 Witkin, Cal. Evid. 5th Discovery § 62 (2022); Cal. Judges Benchbook Civ. Proc. Trial § 8.28.)

Further, Code Civ. Proc. § 1987.2(a) states, “in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1 , the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.”

The Court will not award sanctions under Code Civ. Proc. § 1987.2 because it is not apparent how the Opposition was made in bad faith or without justification.  No contention has been made that the deposition should not be taken.  The Opposition pertains solely to sanctions.

Finally, Code Civ. Proc. § 2020.240 states, “A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7 (commencing with Section 2023.010 ) without the necessity of a prior order of court directing compliance by the witness. . . .”  

The Court, in the exercise of its discretion, declines to hold Holman in contempt at this time.

In sum, the Motion is granted in part.  Holman is to appear for a deposition within twenty days and produce the documents requested within the subject subpoena.  No sanctions will be awarded. 

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.