Judge: Lisa R. Jaskol, Case: 21STCV36621, Date: 2024-10-01 Tentative Ruling
Case Number: 21STCV36621 Hearing Date: October 1, 2024 Dept: 28
Having considered the moving, opposition, and reply papers, the Court rules as follows.
BACKGROUND
On October 5, 2021, Plaintiff Toya Rozanna Lewis (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transit Authority and Does 1-50 for motor vehicle tort, general negligence, and premises liability.
On January 27, 2022, Plaintiff filed a first amended complaint against Defendants Los Angeles County Metropolitan Transit Authority and Does 1-50 for premises liability.
On August 21, 2024, Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) filed a motion to compel Plaintiff’s deposition and request for sanctions. The motion was set for hearing on October 1, 2024. On September 17, 2024, Plaintiff filed an opposition. On September 23, 2024, Defendant filed a reply.
No trial date is currently scheduled.
PARTIES’ REQUESTS
Defendant asks the Court to compel Plaintiff to appear for deposition within 30 days of the hearing on the motion. Defendant also asks the Court to impose sanctions on Plaintiff and Plaintiff’s counsel.
Plaintiff asks the Court to deny the sanctions request.
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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(Code Civ. Proc., § 2025.450, subds. (a), (b), (g)(1).)
DISCUSSION
Defendant asserts that Plaintiff’s December 5, 2023 deposition was suspended when Plaintiff “began yelling and cursing at Defendant’s counsel.” (Motion p. 3.)
Counsel for Plaintiff and Defendant later agreed to complete the deposition on August 19, 2024. On August 5, 2024, Defendant served notice of the August 19, 2024 deposition. Plaintiff’s counsel confirmed with Plaintiff that she would appear for the deposition. (Labat dec. ¶ 8.) However, on August 19, 2024, Plaintiff did not appear. Defendant’s counsel took a certificate of non-appearance.
Plaintiff’s counsel has submitted a declaration stating that Plaintiff informed counsel that she was hospitalized when the August 19, 2024 deposition took place and she lacked access to a phone. (Labat dec. ¶ 10.) These statements are hearsay and the Court does not consider them. The declaration also states that Plaintiff’s counsel has lost contact with Plaintiff and has filed a motion to be relieved as counsel which is set for hearing on October 28, 2024.
The Court grants the motion and orders Plaintiff to appear for a deposition by October 31, 2024.
Defendant requests $3,325.00 in sanctions based on 6.5 hours of attorney time at a rate of $350.00 per hour, $600.00 for the court reporter at the August 19, 2024 deposition, and $450.00 for the videographer at the August 19, 2024 deposition. Counsel spent or anticipated spending one hour to review the file, three hours to prepare the moving papers, 1.5 hours to review the opposition and prepare a reply, and one hour to attend the hearing.
The Court orders Plaintiff to pay Defendant $1,800,00 based on three hours of attorney time at a reasonable rate of $250.00 per hour and the charges for the court reporter and the videographer. The Court does not impose sanctions on Plaintiff's counsel.
CONCLUSION
The Court GRANTS Defendant Los Angeles County Metropolitan Transportation Authority’s motion to compel Plaintiff Toya Rozanna Lewis to attend a deposition and orders Plaintiff to attend her deposition by October 31, 2024.
The Court GRANTS Defendant Los Angeles County Metropolitan Transportation Authority’s request for sanctions and orders Plaintiff Toya Rozanna Lewis to pay Defendant $1,800.00 in sanctions by October 31, 2024.
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.