Judge Lee S. Arian, Case Number: 22STCV21300, Date: 2024-10-25 Tentative Ruling

On June 30, 2022, Plaintiff Julian Albou (“Plaintiff” or “Albou”) filed an action against Defendant Tommer Dan Regev (“Defendant” or “Regev”) and Does 1 through 50 for negligence, arising out of an alleged motor vehicle accident that took place around July 1, 2020. On April 19, 2024, Defendant filed an Answer.

On September 12, 2024, Defendant filed the instant Motion to Compel Deposition of Plaintiff and for Monetary Sanctions (“Motion”). No opposition has been filed.

“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.”

The motion shall “(1) 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” and “(2) 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.” (Code Civ. Proc., § 2025.450, subd. (b)(2).)

Code of Civil Procedure section 2023.030, subdivision (a), provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) In addition, a court shall impose monetary sanctions if a motion to compel a deposition is granted unless “the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code. Civ. Proc. § 2025.450, subd. (g)(1).)

Defendant moves for an order compelling the deposition of Plaintiff Julian Albou within 30 days of the Court’s order and for monetary sanctions against Plaintiff and his counsel in the amount of $2,486.80, to be imposed jointly and severally.

Defense counsel asserts that around April 18, 2024, Defendant served Plaintiff with a Notice of Taking Deposition and Request for Production of Documents, scheduled for July 23, 2024. (Bakshandeh Decl. ¶ 2, Ex. A.) Around July 22, 2024, defense counsel’s assistant emailed Plaintiff’s counsel to confirm Plaintiff’s attendance at the deposition and to provide the link for the virtual meeting. (Id. at ¶ 3, Ex. B.). Plaintiff’s counsel replied asking the deposition to be continued to September, as Plaintiff could not attend the July 23, 2024, deposition. (Ibid.) Defense counsel requested three alternative dates to schedule the deposition; however, Plaintiff’s counsel did not respond. (Id. at ¶¶ 3-4, Ex. B.) On July 23, 2024, a court reporter took a certificate of non-appearance as neither Plaintiff nor Plaintiff’s counsel appeared at the deposition. (Id. at ¶ 4, Ex. C.) Defendant incurred court reporter costs in the amount of $426.80. (Id. at ¶ 5, Ex. D.) Around August 1, 2024, defense counsel again sent an email to Plaintiff’s counsel requesting alternative dates to schedule the deposition; as of the date of the Motion, he has not received a response. (Id. at ¶ 7.)

Defendant also requests monetary sanctions in the amount of $2,486.80, as follows: attorney’s fees at a billing rate of $500 per hour for 2 hours to prepare the Motion, 2 hours to prepare the reply and attend the hearing, $60 in filing fees, and $426.80 for court reporter fees. (Bakshandeh Decl. ¶ 9.)

Defendant argues that Plaintiff’s failure to cooperate with the discovery process has been prejudicial to Defendant as he has been unable to evaluate Plaintiff’s claims and prepare for trial. Plaintiff’s deposition is relevant to the issues of liability and damages and essential to Defendant’s defense.

The Court finds that Defendant has presented sufficient evidence of efforts to schedule Plaintiff’s deposition and Plaintiff’s failure to attend the noticed deposition or serve valid objections. Defendant has also demonstrated that he has attempted to resolve the issue with Plaintiff’s counsel prior to filing the instant Motion. However, the Court notes that Defendant has not complied with Code Civil Procedure section 2025.450, subdivision (b)(2), which requires the moving party to “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.” As demonstrated by the previous deposition notice, Defendant intends to demand production of documents.

Based on the evidence presented, the Court grants Defendant’s motion to compel Plaintiff’s attendance at a deposition within 30 days of today’s date. The Court does not make a ruling regarding any demand for production of documents.

Given that the Court grants the Motion, the Court also finds that monetary sanctions are warranted. The Court grants monetary sanctions in the reasonable amount of $1,000, taking into account that the motion is unopposed.

Defendant Tommer Dan Regev’s Motion to Compel Deposition of Plaintiff Julian Albou is GRANTED. Plaintiff is ordered to appear at a deposition within 30 days of notice of this order. The Court also grants Defendant’s request for monetary sanctions, reducing the amount of sanctions to $1000, to be paid jointly and severally by Plaintiff and Plaintiff’s counsel within 30 days of the Court’s order.

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.

Hon. Lee S. Arian

Judge of the Superior Court