Judge: Lee S. Arian, Case: 23STCV09555, Date: 2024-05-13 Tentative Ruling

Case Number: 23STCV09555    Hearing Date: May 13, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO COMPEL FURTHER; MOTION TO COMPEL DEPOSITION; AND REQUESTS FOR SANCTIONS

Hearing Date: 5/13/24 

CASE NO./NAME: 23STCV09555 RAMON ALTAMIRANO-CONTRERAS vs SEO YOON LEE 

Moving Party: Plaintiff

Responding Party: Defendant Seo Yoon Lee

Notice: Sufficient 

Ruling:  MOTION TO COMPEL FURTHER IS DENIED

MOTION TO COMPEL DEPOSITION AND REQUESTS FOR SANCTIONS IS GRANTED.

Motion to Compel Further

On April 15, 2024, Plaintiff moved the court to compel Defendant to provide further responses to her Requests for production, Set Two. Defendant has not scheduled nor participated in an Informal Discovery Conference on the discovery responses at issue.

Personal Injury Hub Courts will not entertain Motions to Compel Further Discovery Responses until the parties have participated in an Informal Discovery Conference (IDC). (Eighth Amended Standing Order for Procedures in the Personal Injury Hub Court at p. 7.) The Court may either deny or continue a Motion to Compel Further Responses to discovery if the parties do not schedule and complete an IDC prior to the hearing date set for a Motion to Compel Further Responses to Discovery. (Id.)

The parties are required to participate in an IDC to attempt to resolve any outstanding discovery disputes before a motion to compel further can be heard. No IDC has been held or scheduled prior to the hearing or filing of the present motion, Thus the present motion is denied without prejudice.

Motion to Compel Deposition

On November 7, 2023, Plaintiff served a notice of deposition of Defendant Yoon Lee to occur on January 16, 2024. Defendant did not appear at this deposition. The Parties met and conferred and on January 23, 2024, Plaintiff served an amended notice of deposition of Ms. Yoon Lee to occur on February 20, 2024. The notice included a request for production of documents. Defendant did not object to the deposition notice.

The deposition was held on February 20, 2024, and when deponent did not arrive, Plaintiff’s counsel sent an email to Defendant’s counsel. Defendant’s counsel replied that Defendant would not be appearing for the second notice of deposition either.

Defendant did not file an opposition disputing the facts above. Defendant failed to serve a written objection and failed to appear for deposition on the noticed date. CCP §2025.450(a). Plaintiff has also fulfilled the requirement under CCP §2025.450(b)(2) to inquire into Defendant’s nonappearance. Thus, all the requirements to compel Plaintiff’s deposition have been met and the present motion is GRANTED. Defendant is ordered to appear for deposition within 20 days of today.

The notice of deposition includes a demand for production of documents and Plaintiff seeks an order compelling Defendant to produce all identified documents at her deposition. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). There is no discussion of good cause, and therefore the Court declines to enter an order compelling Defendant to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.

Defendant’s nonappearance forced Plaintiff to file the present motion and incur attorney’s fees. Defendant seeks sanctions in the amount of $1950. Considering the simplicity of the motion and the lack of an opposition, the Court exercises discretion and lowers the amount to $1000. The Court ORDERS Defendant and her counsel, jointly and severally, to pay sanctions of $1000 to Plaintiff within 20 days of today’s date.

Plaintiff is ordered to give notice.

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.