Judge Lee W. Tsao, Case 22NWCV00075 2023-03-21 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00075, Date: 2023-03-21 Tentative Ruling

Case Number: 22NWCV00075 Hearing Date: March 21, 2023 Dept: SEC

TENTATIVE RULING

Plaintiff Reynoso’s motion to compel designation of individuals to appear, appearance at deposition, and production of documents is DENIED without prejudice.

Moving Party to give NOTICE.

On March 1, 2023, this court granted Plaintiff’s ex parte application to shorten time to hear the instant motion, instructing Plaintiff to give notice of the hearing. This court is not in receipt of Plaintiff’s proof of service showing that notice of the ex parte ruling was given. Accordingly, the motion is DENIED without prejudice.

If Plaintiff files a proof of service at or prior to the hearing to indicate that Defendant was given notice of the hearing, then the following analysis applies:

Plaintiff Reynoso moves to compel the PMQ deposition of Defendant FCA US LLC pursuant to CCP § 2025.450.

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. (CCP § 2025.450(a).)

On January 26, 2023, Plaintiff served a Notice of Deposition seeking to depose FCA. (Hutchens Decl., ¶ 5, Ex. 3.) Defendant failed to respond to the notice and Plaintiff’s meet and confer efforts. (Id.,¶¶ 6-13.)

Defendant failed to file any Opposition. Accordingly, the motion is GRANTED. Defendant is ordered to appear and produce the requested documents at the next properly noticed deposition.

Sanctions: “If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2025.450(g)(1).)

Here, sanctions are warranted because Defendant failed to appear at Plaintiff’s properly noticed deposition. The court finds Plaintiff’s total request of $3,667.65 is reasonable. Accordingly, sanctions are imposed against Defendant and counsel, jointly and severally, in the sum of $3,667.65.00, payable within 30 days.