TENTATIVE ORDER

Plaintiff Calvin Love’s Motion to Compel In-Person Depositions is DENIED as MOOT.

Plaintiff Calvin Love’s Request for Monetary Sanctions is DENIED.

Plaintiff Calvin Love to give notice.

REASONING

Plaintiff Calvin Love (“Plaintiff”) moves to compel the in-person depositions of Camille Choido and Tori Choido, two party-affiliated witnesses of Defendant Royal Personal Training (“Defendant”) on the ground that Defendant has refused to submit its witnesses to in-person depositions. In opposition, Defendant states that it agrees to produce the witnesses for in-person deposition, and the request for sanctions should be denied because Defendant did not refuse to submit for in-person deposition. For this reason, Plaintiff Calvin Love’s Motion to Compel In-Person Depositions is DENIED as MOOT.

Code of Civil Procedure section 2025.480, subdivision (j), states that “[t]he court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel an answer or production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” First, the Court has denied Plaintiff’s motion as moot, such that sanctions are not warranted under the statute on that basis, and Defendant has not requested sanctions against Plaintiff. Second, upon review of Plaintiff’s counsel declaration, it is clear that Defendant objected to the depositions because they were unilaterally set, and while defense counsel stated it would be a hardship to travel for in-person deposition and proposed dates for remote depositions to occur, counsel did not refuse to submit for in-person depositions. (Mot., Cole Decl. ¶¶ 3-4, Exs. B-D.) Thus, Defendant’s conduct in seeking a remote deposition given the unilateral setting of a deposition was warranted and would make the imposition of sanctions unjust. Accordingly, Plaintiff Calvin Love’s Request for Monetary Sanctions is DENIED. The parties are advised to resolve discovery disputes informally in the future or be subject to potential monetary sanctions per statute.