TENTATIVE RULING

Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry’s Motion to Compel Gennady Fundaminsky, D.D.S. to Appear and Answer Questions is GRANTED.

Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,460, payable by Gennady Fundaminsky, D.D.S. to Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry and defense counsel within thirty (30) days of entry of this order.

Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry to give notice.

REASONING

Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry (“Defendant”) moves to compel the deposition of nonparty Gennady Fundaminsky, D.D.S. (“Dr. Fundaminsky”), identified in Plaintiff’s discovery responses as having information regarding Plaintiff’s contention that Defendant’s treatment was negligent, as Dr. Fundaminsky treated Plaintiff before and after his treatment with Defendant and has proposed treatment plans directly relevant to Plaintiff’s damages in this case. (Mot., Kamel Decl. ¶ 2.) Defendant states that Dr. Fundaminsky’s deposition has been rescheduled four times to accommodate him, and there were no objections to the deposition, but Dr. Fundaminsky failed to appear. 

Again, “[a]ny party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Where the witness whose deposition is sought is not a party, a subpoena must be served to compel his or her attendance, testimony, or production of documents. (Code Civ. Proc., § 2020.010, subd. (a).) If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., § 2025.480, subds. (a)-(b).) Where the deposition subpoena requires a witness to appear for the taking of a deposition, the Court may make an order directing compliance with the subpoena. (Code Civ. Proc., § 1987.1, subd. (a).)

The Court finds there is good cause to order Dr. Fundaminsky’s deposition. Plaintiff has represented that Dr. Fundaminsky has knowledge relevant to his claims, as Dr. Fundaminsky provided treatment after the incident at issue, Defendant issued a proper subpoena, no objection was served, and Dr. Fundaminsky has failed to appear. The Court has reason to conclude that Dr. Fundaminsky has knowledge relevant to the subject matter involved in this action, thereby entitling Defendant to take his deposition. (See Code Civ. Proc., § 2017.010.)

Accordingly, Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry’s Motion to Compel Gennady Fundaminsky, D.D.S. to Appear and Answer Questions is GRANTED. Within ten (10) days, the parties shall meet and confer regarding the deposition of nonparty Gennady Fundaminsky, D.D.S. and the production of documents identified in the deposition notice.

“I]f a motion under subdivision (a) 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.” (Code Civ. Proc., § 2025.450, subd. (g)(1).)

Defendant requests $2,713.90 in monetary sanctions. The Court finds that monetary sanctions are proper here, but the Court reduces the requested amount to $1,460, which represents three hours preparing the motion and one hour appearing at the hearing on the motion, at the rate of $350 per hour, plus one $60 motion filing fee. Accordingly, Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,460, payable by Gennady Fundaminsky, D.D.S. to Defendant Kourosh Maddahi, D.D.S. dba Cosmetic and Anti-Aging Dentistry and defense counsel within thirty (30) days of entry of this order.