TENTATIVE ORDER

Defendant Sarah Beaumont Green’s Motion to Compel Deposition of Plaintiff’s Treating Physician, Jonathan Eskenazi, M.D. and to Produce Documents at Deposition is GRANTED. Defendant Sarah Beaumont Green shall meet and confer with Jonathan Eskenazi, M.D. regarding a deposition date to occur within thirty (30) days.

Defendant Sarah Beaumont Green’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,460, payable by Jonathan Eskenazi, M.D. to Defendant Sarah Beaumont Green and defense counsel within thirty (30) days of entry of this order.

Defendant Sarah Beaumont Green to give notice.

REASONING

Defendant Sarah Beaumont Green (“Defendant”) moves the Court for an order compelling Plaintiff Roxana Cortez (“Plaintiff”)’s treating neurologist Jonathan Eskenazi, M.D. to submit to deposition and produce documents demanded of him in the deposition subpoena issued to him. Defendant argues that she has been attempting to take the deposition since September 2024, but Dr. Eskenazi failed to appear for his noticed deposition. (Mot., Mersereau Decl. ¶¶ 6-7.) Defendant also sets forth that communication to Dr. Eskenazi has gone unanswered. (Mot., Mersereau Decl. ¶ 8.)

“Any 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).) A motion to compel deposition “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” and “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subds, (b)(1), (b)(2).)

The Court finds there is good cause to order the deposition of Dr. Eskenazi, as he has knowledge relevant to Plaintiff’s claims in this action, as she states she suffers from headaches and vertigo due to the subject accident, and Plaintiff has identified Dr. Eskenazi as a treating physician regarding a traumatic brain injury. (Mot., Mersereau Decl. ¶¶ 3,4.) The requested documents also seek information relevant to Plaintiff’s claims related to Plaintiff’s treatment. Accordingly, Defendant Sarah Beaumont Green’s Motion to Compel Deposition of Plaintiff’s Treating Physician, Jonathan Eskenazi, M.D. and to Produce Documents at Deposition is GRANTED. Defendant Sarah Beaumont Green shall meet and confer with Jonathan Eskenazi, M.D. regarding a deposition date to occur within thirty (30) days.

“If 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 $2,125 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 Sarah Beaumont Green’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,460, payable by Jonathan Eskenazi, M.D. to Defendant Sarah Beaumont Green and defense counsel within thirty (30) days of entry of this order.