Judge: Lee S. Arian, Case: 20STCV31419, Date: 2024-08-19 Tentative Ruling

Case Number: 20STCV31419    Hearing Date: August 19, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO COMPEL DEPOSITION AND REQUESTS FOR SANCTIONS 

Hearing Date: 8/19/24 

CASE NO./NAME: 23STCV09280 JAHEIM MARTIN vs MALIN ASSET MANAGMENT 

Moving Party: Defendant Charlavonna Barrett

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION TO COMPEL DEPOSITION AND REQUESTS FOR SANCTIONS ARE GRANTED

Legal Standard

Any party may obtain any discovery of information, documents, land, property, or electronically stored information so long as the discoverable matter is not privileged, is relevant to the subject matter and can lead one to admissible evidence. (Code Civ. Proc. § 2017.010.)

Code Civ. Proc., § 2025.450¿provides in pertinent part the following:

“(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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.  

(b) A motion under subdivision (a) shall comply with both of the following:

(1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040 or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. 

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).) 

Discussion

On April 23, 2024, Defendant Charlavonna Barrett noticed Plaintiff’s deposition for May 29, 2024. Plaintiff, who is appearing in pro per, did not file an opposition or any document alleging that a valid and written objection to the notice of deposition had been filed prior to the deposition date. On May 29, 2024, Jaheim Martin failed to appear for his deposition, and a notice of non-appearance was obtained. On May 31, 2024, Defendant sent Plaintiff a meet and confer letter requesting Plaintiff’s availability for his deposition. Plaintiff did not provide a response. The Court finds that Defendant has met all the requirements to compel Plaintiff’s deposition.

Plaintiff is hereby ordered to sit for his deposition and produce the requested documents at the deposition within 20 days of today. Furthermore, sanctions are mandatory, and the Court finds Plaintiff did not act with substantial justification. Defendant requested sanctions in the amount of $608, which the court finds reasonable. Plaintiff is ordered to pay Defendant sanctions in the amount of $608 within 20 days of today.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.