Judge: Lee W. Tsao, Case: 22NWCV01628, Date: 2023-06-22 Tentative Ruling

Case Number: 22NWCV01628    Hearing Date: February 29, 2024    Dept: C

MADRID v. HYUNDAI MOTOR AMERICA

CASE NO.: 22NWCV01628

HEARING:  02/29/24

#6

Defendant’s unopposed Motion to Compel Plaintiff’s Deposition is GRANTED.

Moving Party to give notice.

No Opposition filed as of February 26, 2024.

Trial is set for February 4, 2025. Plaintiff CARMEN MADRID is ORDERED to appear for a deposition by no later than 30 calendar days from the date of the issuance of this Order. The date may be extended by agreement of the parties.

A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under §2025.410, fails to appear for examination…the party giving the notice may move for an order compelling the deponent’s attendance and testimony.” (CCP §2025.450(a).)

This Motion is unopposed.

The Court finds that Defendant adequately complied with the meet and confer requirement.

The motion is GRANTED. Defendant is entitled to take Plaintiff’s deposition, and Plaintiff does not substantively oppose being deposed.

If [the] motion is granted, the court shall impose a monetary sanction…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)(2).)

Reasonable sanctions in favor of Defendant are granted as requested as follows: Plaintiff and their counsel are ORDERED to pay Defendant and his counsel of record reasonable sanctions in the amount of $1,000.00 no later than 30 days from the date of the Court’s issuance of this Order. This date may be extended by agreement of the parties.