Judge: Lee S. Arian, Case: 20STCV3193, Date: 2024-01-25 Tentative Ruling

Case Number: 20STCV3193    Hearing Date: January 25, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.                   INTRODUCTION

This action arises from a negligently installed roof which caught fire. Plaintiff Ronald Chang (“Plaintiff”) filed a complaint against Defendants Ramglass Enterprises, Inc. dba J&J Roofing (“Defendant”) and Does 1 to 50, alleging causes of action for negligence and professional negligence.

On May 10, 2023, Defendant filed and served an unopposed motion for an order to compel Plaintiff to appear at his deposition and to produce the requested documents. Defendant also requests monetary sanctions against Plaintiff and/or Plaintiff’s counsel, The Barnes Firm, in the amount of $3,015.00.

No opposition has been filed.

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).)

“If, after service of a deposition notice, a party . . . 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).)  The motion must set forth both facts showing good cause justifying the demand for any documents and a meet and confer declaration.  (Code Civ. Proc., § 2025.450, subds. (b)(1), (b)(2).) 

III.             DISCUSSION

A.    Merits

Defendant served a notice of deposition on Plaintiff via email on April 11, 2023, and Plaintiff’s deposition was scheduled for April 25, 2023. (Carnegie Decl. ¶¶6-7, Exh. 3.) Despite several attempts to confirm Plaintiff’s attendance, Plaintiff’s counsel failed to respond to Defendant’s counsel’s inquiries. (Id. at ¶¶ 8-13.) Due to this failure, Defendant had to cancel the deposition in order to avoid incurring a fee. (Id. at ¶ 14.) Because Plaintiff has not filed an opposition to the instant motion, it is undisputed that he failed to appear for his deposition.  A properly-served deposition notice is sufficient to require a party to appear and testify at an oral deposition.  (Code of Civ. Proc., § 2025.280, subd. (a).) 

Accordingly, the instant motion to compel Plaintiff’s deposition is granted. Plaintiff is ordered to appear for his deposition and produce the requested documents within thirty (30) days of receipt of notice of this Order.

B.     Sanctions

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).) 

Here, Defendant seeks monetary sanctions in the amount of $3,015. The request consists of the following: (1) 1 hour in attempt to meet and confer at a rate of $450/hour; (2) 4.2 hours in preparing the instant motion at a rate of $450/hour; and (3) 1.5 anticipated hours in reviewing Plaintiff’s opposition and preparing a reply at a rate of $450/hour. (Carnegie Decl. ¶ 16.)

Due to Plaintiff’s failure to attend his deposition and to file an opposition, the Court finds that monetary sanctions are warranted pursuant to Code of Civil Procedure § 2025.450, subdivision (g). However, the instant motion is unopposed and concerns a simple discovery issue; therefore, the Court reduces the sanctions amount to $1,350, which consists of three hours at a rate of $450/hour. Plaintiff and Plaintiff’s counsel, The Barnes Firm, are ordered to pay monetary sanctions in the amount of $1350.00, jointly and severally, to Defendant’s counsel within thirty (30) days of receipt of notice of this Order.

IV.             CONCLUSION

Based on the foregoing, the Court Plaintiff is ordered to appear for his deposition and produce the requested documents within thirty (30) days of receipt of notice of this Order. GRANTS Defendant’s motion to compel Plaintiff’s deposition.

Also, the request for monetary sanctions is GRANTED in the amount of $1,350. Plaintiff and Plaintiff’s counsel, The Barnes Firm, are ordered to pay monetary sanctions in the amount of $1350.00, jointly and severally, to Defendant’s counsel within thirty (30) days of receipt of notice of this Order.

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 25th day of February 2023