Judge: Lisa R. Jaskol, Case: 22STCV25289, Date: 2023-12-21 Tentative Ruling

Case Number: 22STCV25289    Hearing Date: April 11, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On August 5, 2022, Plaintiff Matt Sivaborvorn (“Plaintiff”) filed this action against Defendants Everytable, PBC, Harvest Fresh Foods, PBC, dba Harvest Fresh Foods, Ryder System, Inc., Patrick August Gorse, and Does 1-20 for motor vehicle tort and general negligence. 

On December 7, 2022, Defendants Everytable, PBC, Harvest Fresh Foods, PBC dba Harvest Fresh Foods, Ryder System, Inc., and Patrick August Gorse filed an answer. 

On February 14, 2024, Plaintiff filed a motion to compel the deposition of Defendant Patrick August Gorse (“Gorse”) and for sanctions.  Gorse has not filed an opposition. 

Trial is currently scheduled for June 25, 2024. 

PARTY’S REQUESTS 

Plaintiff asks the Court to compel Gorse to appear for a deposition and to impose sanctions on Gorse 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. 

* * *

 “(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 December 9, 2023, Plaintiff noticed Gorse’s deposition for December 21, 2023.  Gorse did not serve a timely objection to the deposition notice.  On December 20, 2023, the day before the scheduled deposition, Gorse’s counsel told Plaintiff’s counsel that the deposition would not take place and that Gorse’s counsel would provide new deposition dates.  Despite Plaintiff’s counsel’s repeated requests, however, Gorse’s counsel did not provide new deposition dates and had not provided new dates by the time Plaintiff filed this motion. 

The Court grants the motion because Gorse failed to attend a properly noticed deposition without first serving a valid objection. (See Code Civ. Proc., § 2025.450, subd. (a).)  Plaintiff's counsel has met and conferred with Gorse's counsel in an attempt to reschedule Gorse’s deposition, without success. 

Plaintiff requests sanctions of $1,310.00 under Code of Civil Procedure section 2025.450, subdivision (g)(1), based on five hours of attorney time at a rate of $250.00 per hour and one $60.00 filing fee.  Counsel’s time included meeting and conferring with defense counsel, preparing the moving papers, drafting the anticipated reply, and appearing at the hearing. 

The Court awards sanctions of $560.00 based on two hours of attorney time and one filing fee. 

CONCLUSION 

The Court GRANTS Plaintiff Matt Sivaborvorn’s motion to compel the deposition of Defendant Patrick August Gorse.  The Court orders Defendant Patrick August Gorse to appear for a deposition within 30 days of the hearing on this motion. 

The Court GRANTS Plaintiff Matt Sivaborvorn’s request for sanctions.  The Court imposes $560.00 in sanctions on Defendant Patrick August Gorse and his attorneys Maxine D. Harvey, Esq., and Case Harvey Fedor, Esq., jointly and severally, to be paid to Plaintiff Matt Sivaborvorn within 30 days of the hearing on this motion. 

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.