Judge: Lisa R. Jaskol, Case: 21STCV19404, Date: 2024-07-08 Tentative Ruling
Case Number: 21STCV19404 Hearing Date: July 8, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 24, 2021, Plaintiff Francisco Otero Garcia (“Plaintiff”) filed this action against Defendants Naun Nanaen Cortez (“Cortez”), Trans-Continental Systems, Inc. (“Trans-Continental”), and Does 1-50 for motor vehicle tort and general negligence.
On March 10, 2023, Cortez filed an answer. On March 20, 2023, Trans-Continental filed an answer.
On May 30, 2024, Cortez and Trans-Continental (“Defendants”) filed a motion to compel Plaintiff’s deposition and for sanctions, to be heard on July 8, 2024. Plaintiff has not filed an opposition.
Trial is currently scheduled for November 21, 2024.
PARTIES’ REQUESTS
Defendants ask the Court to compel Plaintiff to appear for an in-person deposition and to impose sanctions on Plaintiff.
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.
“(2) The motion 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.
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“(2) On motion of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of that party 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).)
DISCUSSION
On May 2, 2024, Plaintiff failed to appear for a properly-noticed deposition without having served a valid objection. The Court grants Defendants' motion.
Defendants ask the Court to award $1,647.75 in sanctions based on 5 hours of attorney time at a rate of $185.00 per hour, a $662.75 certificate of non-appearance fee, and a $60.00 filing fee. Counsel spent 2 hours drafting the motion and anticipated spending 2 hours to review and respond to any opposition and one hour to attend the hearing. The Court grants $1,092.75 in sanctions based on two hours of attorney time, the certificate of non-appearance fee, and the filing fee.
CONCLUSION
The Court GRANTS the motion to compel Plaintiff Francisco Otero Garcia’s deposition filed by Defendants Naun Nanaen Cortez and Trans-Continental Systems, Inc. The Court orders Plaintiff Francisco Otero Garcia to attend his in-person deposition (within 75 miles of his residence) no later than August 7, 2024.
The Court GRANTS the request for sanctions of Defendants Naun Nanaen Cortez and Trans-Continental Systems, Inc. The Court orders Plaintiff Francisco Otero Garcia and his counsel to pay Defendants Naun Nanaen Cortez and Trans-Continental Systems, Inc. $1,092.75 by August 7, 2024.
Moving parties are ordered to give notice of this ruling.
Moving parties are ordered to file the proof of service of this ruling with the Court within five days.