Judge: Lee S. Arian, Case: 22STCV08173, Date: 2025-01-13 Tentative Ruling

Case Number: 22STCV08173    Hearing Date: January 13, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 7, 2022, Plaintiff filed the present case alleging that he slipped and fell while walking in the Topanga Mall located at 6600 CA-27, Canoga Park, CA 91303 in July 2021. On August 16, 2024, Plaintiff served his first notice of deposition for Defendant Environmental Service Concepts, LLC’s PMK. Subsequently, after not receiving a date for Defendant’s PMK, Plaintiff sent numerous amended notices for that deposition. The latest deposition notice was served on November 7, 2024, for a deposition date of November 22, 2024. On November 15, 2024, defendant served an objection, refusing to produce its PMK. As of December 4, 2024, Plaintiff has not received an available date for Defendant’s PMK deposition. Plaintiff now moves the Court to compel the deposition. Defendant filed an opposition.

Defendant does not oppose the merits of Plaintiff’s motion and has offered January 13, 2024, as an available date to take Defendant’s PMK deposition. Given that Defendant does not contest Plaintiff’s entitlement to take the PMK deposition, the Court finds good cause to grant Plaintiff’s motion. Defendant Environmental Service Concepts, LLC’s PMK is ordered to sit for deposition within 20 days of today. If Plaintiff is not available to take Defendant’s January 13, 2024 PMK deposition, the parties are ordered to meet and confer on a mutually available date for that deposition within 20 days of today.

The Court finds good cause to issue a monetary sanction, as Defendant did not act with substantial justification. Plaintiff initially noticed the deposition in August 2024. Although Defendant argues that the delay was due to difficulty in identifying the PMK, this explanation does not excuse the prolonged delay, as the issue has persisted for several months. Defendant only provided an available date after Plaintiff filed the motion to compel on December 4, 2024, and it failed to offer any deposition dates before that time. The sanction is intended to compensate Plaintiff for the time and effort expended in bringing the present motion. The Court grants sanctions in the amount of $1,000 against Defendant and its attorney, jointly and severally, payable to Plaintiff within 20 days of today.

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’s 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.