Judge: Lisa R. Jaskol, Case: 22STCV23918, Date: 2025-02-13 Tentative Ruling
Case Number: 22STCV23918 Hearing Date: February 13, 2025 Dept: 28
Having considered the moving papers and notice of non-opposition, the Court rules as follows.
BACKGROUND
On July 25, 2022, Plaintiffs Leon Viverette (“Viverette”) and Kaelin Thames (“Thames”) filed this action against Defendants Christian McCormick (“Defendant”) and Does 1-50 for negligence.
On February 13, 2024, Defendant filed an answer.
On December 19, 2024, Defendant filed a motion to Compel Viverette’s deposition and request for sanctions. The motion was set for hearing on February 13, 2025. Viverette did not file an opposition.
Trial is currently scheduled for August 11, 2025.
PARTY’S REQUESTS
Defendant asks the Court to compel Viverette to attend a deposition and to impose sanctions on Viverette and his 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.
“(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 October 28, 2024, Defendant noticed Viverette’s deposition for November 14, 2024. Viverette did not object to the deposition notice. On November 13, 2024, Viverette’s counsel informed Defendant’s counsel that Viverette’s counsel could not proceed with the deposition and would not be available until January. Viverette did not appear for the November 14, 2024 deposition.
On November 13, 2024, Defendant’s counsel sent Viverette’s counsel alternative dates for the deposition and followed up by email on November 18, November 25, December 4, and December 9, 2024. Plaintiff’s counsel did not respond to the emails.
Defendant now asks the Court to compel Viverette to attend a deposition.
The Court grants the motion and orders Viverette to appear for a deposition within 15 days of the hearing on this motion.
Defendant asks the Court to impose $720.00 in sanctions on Viverette and his counsel based on four hours of attorney time at a rate of $215.00 per hour and one $60.00 filing fee. Counsel spent one and a half hours preparing the motion and anticipated spending one and a half hours to review the opposition and prepare a reply and one hour to attend the hearing. The Court grants $597.50 in sanctions based on two and a half hours of attorney time and one filing fee.
CONCLUSION
The Court GRANTS Defendant Christian McCormick’s motion to compel Plaintiff Leon Viverette to attend his deposition and orders Plaintiff Leon Viverette to attend a deposition within 15 days of the hearing on this motion.
The Court GRANTS Defendant Christian McCormick’s request for sanctions and orders Plaintiff Leon Viverette and his counsel to pay Defendant Christian McCormick $597.50 within 30 days of the hearing on this motion.
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.