TENTATIVE RULING

Plaintiffs Allied Wallet, Inc. and Andy Khawaja’s Motion to Compel Deposition and for Production of Documents is GRANTED. The parties shall meet and confer regarding the deposition of Defendant Dwayne Wilbert to occur within sixty (60) days of entry of this order.

Plaintiffs Allied Wallet, Inc. and Andy Khawaja’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,200, payable by Defendant Dwayne Wilbert to Plaintiffs Allied Wallet, Inc. and Andy Khawaja and Plaintiffs’ counsel within thirty (30) days of entry of this order.

Plaintiffs Allied Wallet, Inc. and Andy Khawaja to give notice. 

REASONING

Plaintiffs Allied Wallet, Inc. and Andy Khawaja (“Plaintiffs”) move the Court for an order compelling Defendant Dwayne Wilbert (“Defendant”) to appear for his deposition and to produce all responsive documents in accordance with the deposition notices served on Plaintiff. Plaintiffs represent that they served Defendant with three deposition notices, Plaintiff did not object to the notices, and Plaintiff failed to appear. (Mot., Boyadzhyan Decl. ¶¶ 4-12.)

“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).) A motion to compel a party’s deposition “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, subd. (b)(2).) Code of Civil Procedure section 2016.040 describes that “[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”

Plaintiffs are entitled to take Defendant’s deposition, and Plaintiffs present evidence that Plaintiff failed to appear for examination or produce documents without having served any objection to the notices of deposition. (Mot., Boyadzhyan Decl. ¶¶ 4-12, Exs. A-G.) Plaintiffs’ counsel made efforts to reschedule the deposition, and counsel attempted to inquire with Defendant about his nonappearance, but Defendant has not responded to communication. (Mot., Boyadzhyan Decl. ¶¶ 4-14, Exs. A-H.) Accordingly, Plaintiffs Allied Wallet, Inc. and Andy Khawaja’s Motion to Compel Deposition and for Production of Documents is GRANTED. The parties shall meet and confer regarding the deposition of Defendant Dwayne Wilbert to occur within sixty (60) days of entry of this order.

Code of Civil Procedure section 2025.450, subdivision (g)(1), provides that if a motion to compel a deposition is granted, the Court shall impose monetary sanctions “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.” The Court finds that monetary sanctions are proper, but the Court reduces the requested award to $1,200, which represents three hours preparing the present motion at a rate of $300 per hour, as this motion was not particularly complex, plus one hour appearing at the hearing at the rate of $300 per hour. Thus, Plaintiffs Allied Wallet, Inc. and Andy Khawaja’s Request for Monetary Sanctions is GRANTED in the reduced amount of $1,200, payable by Defendant Dwayne Wilbert to Plaintiffs Allied Wallet, Inc. and Andy Khawaja and Plaintiffs’ counsel within thirty (30) days of entry of this order.