Judge: Lee W. Tsao, Case: 22NWCV00356, Date: 2023-05-23 Tentative Ruling

Case Number: 22NWCV00356    Hearing Date: May 23, 2023    Dept: C

LEE, et al. v. GUARDIAN MANUFACTURING, INC., et al.

CASE NO.:  22NWCV00356

HEARING:  5/23/23 @ 9:30 AM

#2

TENTATIVE RULING

Plaintiffs Sae Lee and Myung Lee’s unopposed motion to compel depositions of Defendants Wen I Auguste Lee and Jin Goa and production of documents at depositions and request for sanctions is GRANTED.

Defendants are ordered to appear at the next noticed depositions.  Sanctions are imposed against Defendants Defendants Wen I Auguste Lee and Jin Goa, jointly and severally, in the sum of $2,040.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiffs Sae Lee and Myung Lee move to compel the depositions of Defendants Wen I Auguste Lee and Jin Goa pursuant to CCP § 2025.450(a).

This action involves a breach of lease and guaranty. 

“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).)  “The motion shall 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.”  (CCP § 2025.450(b)(1).)  The motion shall be accompanied by a meet and confer declaration.  (CCP § 2025.450(b)(2).)

Defendants failed to appear at their properly noticed depositions, and failed to produce documents requested in the notices.  Accordingly, the motion is GRANTED.  Defendants are ordered to appear at the next noticed depositions.

Sanctions:  CCP § 2025.450(g)(1) authorizes sanctions “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.”

Here, sanctions are warranted because Defendants failed to appear at their depositions.  The court finds Plaintiffs’ request of $2,040.00 is reasonable.  Accordingly, sanctions are imposed against Defendants Defendants Wen I Auguste Lee and Jin Goa, jointly and severally, in the sum of $2,040.00, payable within 30 days.