Judge Lee S. Arian, Case Number: 21STCV24854, Date: 2024-06-14 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV24854, Date: 2024-06-14 Tentative Ruling

Case Number: 21STCV24854 Hearing Date: June 14, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO COMPEL DEPOSITION AND PRODUCTION OF DOCUMENTS; REQUESTS FOR SANCTIONS

Hearing Date: 6/14/24

CASE NO./NAME: 21STCV24854 AMIT IRONI vs ERIC CENTRERAS

Moving Party: Defendant Eric Contreras

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO COMPEL DEPOSITION AND PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS ARE GRANTED.

Background

Since September 2023, Defendant Eric Contreras has attempted to take Plaintiff’s deposition. After Defendant agreed to continue the deposition various times at Plaintiff’s request, the parties agreed on April 16, 2024, for Plaintiff’s deposition and that this date would not be continued. On February 2, 2024, Defendant served Plaintiff a notice for Plaintiff’s deposition scheduled for April 16, 2024. Plaintiff did not file a written objection. On April 10, 2024, Plaintiff’s counsel again asked to continue the deposition, but Defendant refused, and Plaintiff did not attend the deposition set for April 16, 2024. Defendant now moves the Court to compel Plaintiff’s deposition and the production of documents at the deposition and also requests sanctions. Plaintiff has not filed an opposition to the Motion.

Analysis

Plaintiff failed to serve a written objection and failed to appear for the deposition on the noticed date. Defendant attempted to meet and confer with Plaintiff’s counsel but to no avail and therefore has fulfilled the meet and confer requirement under CCP § 2025.450(b)(2). Defendant has also demonstrated good cause for the production of the documents sought, as required by CCP § 2025.450(b)(1). Thus, all the requirements to compel Plaintiff’s deposition have been met, and the present motion is GRANTED. Plaintiff is ordered to appear for his deposition and produce the requested documents at the deposition within 20 days of today.

Plaintiff’s nonappearance forced Defendant to file the present motion and incur attorney’s fees. Defendant seeks sanctions in the amount of $500.46, which the court finds reasonable. The Court ORDERS Plaintiff and his counsel, jointly and severally, to pay sanctions of $500 to Defendant within 20 days of today’s date.

Defendant is ordered to give notice.

MOTION TO CONTINUE TRIAL

Moving Party: Defendant Eric Contreras

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO CONTINUE TRIAL IS GRANTED

Defendant also moves the Court to continue the trial from the current date of September 18, 2024, to June 18, 2025. Although the present case was filed on July 6, 2021, Defendant was only recently served; he filed his answer on September 15, 2023, less than a year ago. Furthermore, as apparent from the preceding discussion relating to Defendant’s Motion to Compel, Defendant has yet to be able to depose Plaintiff, through no lack of diligence on Defendant’s part. Additional discovery will likely flow from that deposition. Accordingly, Defendant’s request to continue the trial and discovery deadline is reasonable considering the amount of time the parties have had to conduct discovery, and the impediment Defendant has faced in conducting discovery. Accoridngly, the present motion is GRANTED.

The current trial date is continued to June ____, 2025, at 8:30 a.m. The Final Status Conference is continued to June __, 2025, at 10:00 a.m. All case-related deadlines are to follow the new trial date.

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.