Judge: Lisa R. Jaskol, Case: 21STCV01713, Date: 2023-07-21 Tentative Ruling
Case Number: 21STCV01713 Hearing Date: March 27, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On January 15, 2021, Plaintiff Ana Luz Anguiano (“Plaintiff”) filed this action against Defendants Numero Uno Ranch Market, Inc. (“Market”) and Does 1-50 for negligence.
On July 6, 2022, Plaintiff amended the complaint to include Defendant Numero Uno Acquisitions, LLC (“Acquisitions”) as Doe 1.
On August 1, 2022, Acquisitions filed an answer.
On September 29, 2022, the Court dismissed Market without prejudice at Plaintiff’s request.
On December 14, 2023, Acquisitions filed a motion to compel Plaintiff’s appearance at a deposition and for sanctions. Plaintiff did not file an opposition.
Trial is currently scheduled for June 4, 2024.
PARTY’S REQUESTS
Acquisitions asks the Court to compel Plaintiff’s deposition and impose sanctions on Plaintiff and her counsel.
LEGAL STANDARD
Code of Civil Procedure section 2025.450 provides in part:
“(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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.
“(b) A motion under subdivision (a) shall comply with both of the following:
“(1) The motion 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.
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“(g) (1) If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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, subds. (a), (b), (g)(1).)
DISCUSSION
On August 24, 2023, Acquisitions noticed Plaintiff’s deposition for September 14, 2023. Plaintiff did not serve an objection. Late in the afternoon on September 13, 2023, Acquisitions’ counsel received an email from Plaintiff’s counsel stating that Plaintiff would not attend the scheduled deposition. Plaintiff and her counsel did not attend the September 14, 2023 deposition and Acquisitions took a certificate of non-attendance.
On November 10, 2023, Acquisitions noticed Plaintiff’s deposition for November 28, 2023. Plaintiff did not serve an objection. Plaintiff and her counsel did not appear for the November 28, 2023 deposition and Acquisitions took a certificate of non-attendance.
Plaintiff’s counsel has attempted to meet and confer with Acquisitions’ counsel to reschedule the deposition, without success. (See Leon Dec. ¶¶ 9, 15, 16.)
The Court grants the motion and orders Plaintiff to appear for a deposition within 30 days.
Acquisitions requests $3,066.50 in sanctions based on four hours of attorney time at a rate of $135.00 per hour, two $60.00 filing fees, a $1,241.50 cancellation fee for the September 14, 2023 deposition, a $365.00 nonappearance fee for the November 28, 2023 deposition, a $525.00 interpreter cancellation fee for the November 28, 2023 deposition, and a $275.00 video cancellation fee for the November 28, 2023 deposition.
The Court grants sanctions of $2,736.50 based on two hours of attorney time, one filing fee, and the cancellation and nonappearance fees listed above.
CONCLUSION
The Court GRANTS Defendant Numero Uno Acquisitions, LLC’s motion to compel Plaintiff Ana Luz Anguiano to attend a deposition. The Court orders Plaintiff Ana Luz Anguiano to appear for a deposition within 30 days.
The Court GRANTS Defendant Numero Uno Acquisitions, LLC’s request for sanctions and orders Plaintiff Ana Luz Anguiano and her counsel to pay Defendant Numero Uno Acquisitions, LLC $2,736.50 within 30 days.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.