Judge Lee W. Tsao, Case Number: 22NWCV01155, Date: 2023-10-19 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01155, Date: 2023-10-19 Tentative Ruling

Case Number: 22NWCV01155 Hearing Date: April 10, 2024 Dept: C

FELICIA RHODES v. CERRITOS GARDENS LLC

CASE NO.: 22NWCV01155

HEARING: 4/10/24 @ 9:30 A.M.

TENTATIVE RULING

Defendant Cerritos Gardens, LLC’s motion to compel the deposition of Plaintiff is GRANTED. No sanctions.

Moving Party to give NOTICE.

The motion is unopposed as of April 8, 2024.

This is a wrongful eviction case. Defendant Cerritos Gardens, LLC moves to compel the PMQ deposition of Plaintiff pursuant to Code of Civil Procedure section 2025.450.

Discussion

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent’s attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).)

“The motion shall be accompanied by a meet and confer declaration, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).) The declaration shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2016.040.)

On October 26, 2023, Defendant noticed the deposition of Plaintiff. (Decl. Mallon, ¶ 2, Ex. A.) Plaintiff did not object to the notice or appear for the deposition. (Decl. Mallon, ¶¶ 3,4.) Defendant did not establish that it met and conferred with Plaintiff regarding Plaintiff’s nonappearance. However, the Court will issue a ruling because the motion is unopposed.

Defendant’s motion to compel is GRANTED. Plaintiff is compelled to appear for her deposition within 30 days. Defendant requests sanctions in the amount of $1,535.00. Given the lack of a meet and confer declaration, no sanctions are imposed.