Judge: Lisa R. Jaskol, Case: 22STCV16049, Date: 2025-04-30 Tentative Ruling
Case Number: 22STCV16049 Hearing Date: April 30, 2025 Dept: 28
Having considered the moving and response papers, the Court rules as follows.
BACKGROUND
On May 13, 2022, Plaintiff Deborah Elizabeth Gouch-Onassis (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”) and Does 1-50 for general negligence and premises liability.
On May 25, 2023, the City filed an answer and a cross-complaint against Cross-Defendants Roes 1-10 for apportionment of fault, indemnification, and declaratory relief.
On May 31, 2024, Plaintiff substituted herself, as an unrepresented litigant, in place of her former attorney.
On January 30, 2025, the City filed a motion to compel Plaintiff to attend a deposition and for sanctions. The motion was set for hearing on April 9, 2025. The Court continued the hearing to April 30, 2025. On February 6, 2025, Plaintiff filed a handwritten response.
Trial is scheduled for June 10, 2025.
PARTIES' REQUESTS
The City asks the Court to compel Plaintiff to attend a deposition. The City also asks the Court to impose sanctions on Plaintiff.
Plaintiff asks the Court to deny the motion.
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.
* * *
(Code Civ. Proc., § 2025.450, subds. (a), (b), (g)(1).)
DISCUSSION
On January 7, 2025, the City noticed Plaintiff’s deposition for January 23, 2025. (Sawaf dec., first ¶ 11; exhs. E, F.) Plaintiff did not serve an objection to the deposition notice and did not appear at the scheduled deposition. (Motion pp. 4-5; Sawaf dec., second ¶ 7; exhs. G, H.) The City’s counsel attempted to meet and confer with Plaintiff. (Sawaf dec., ¶ 12; exh. G.)
In her opposition, Plaintiff states that she was “advised by attorneys, not to do a deposition until [she is] represented by counsel and [has] [the] case file on case by paper and electronically.” (Response p. 5.) Plaintiff asks the Court to impose sanctions on the City. (Response p. 7.)
The Court grants the City’s motion and orders Plaintiff to appear for her deposition by May 15, 2025.
The City asks the Court to impose $908.40 in sanctions on Plaintiff based on two hours of attorney time at a rate of $250.00 per hour and court reporter costs of $408.40 for the January 23, 2025 deposition. The Court finds the request is reasonable and orders Plaintiff to pay the City $908.40 in sanctions by May 30, 2025.
CONCLUSION
The Court GRANTS Defendant City of Los Angeles’s motion to compel Plaintiff Deborah Elizabeth Gouch-Onassis to attend a deposition and for sanctions. The Court orders Plaintiff Deborah Elizabeth Gouch-Onassis to appear for her deposition by May 15, 2025 and to pay Defendant City of Los Angeles $908.40 in sanctions by May 30, 2025.
Moving party is ordered to give notice.
Moving party is ordered to file a proof of service of this ruling with the Court within five days.