Judge: Lisa R. Jaskol, Case: 22STCV28600, Date: 2024-11-18 Tentative Ruling

Case Number: 22STCV28600    Hearing Date: November 18, 2024    Dept: 28

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

BACKGROUND 

On September 1, 2022, Plaintiff Maria Palencia (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”), County of Los Angeles Department of Parks & Recreation (“Department”), County of Los Angeles (“County”), and Does 1-100 for general negligence and premises liability. 

On March 15, 2024, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel.

On April 2, 2024, the County filed an answer. 

On September 18, 2024, the Court dismissed the City and the Department without prejudice. 

On October 9, 2024, the County filed a motion to compel Plaintiff’s deposition and request for sanctions.  The motion was set for hearing on November 18, 2024.  Plaintiff has not filed an opposition. 

PARTY’S REQUESTS 

The County asks the Court to compel Plaintiff to attend a 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. 

* * *

 “(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 August 29, 2024, the County noticed Plaintiff’s deposition for October 3, 2024.  Plaintiff did not appear at the deposition.  The County moves to compel Plaintiff to appear at a deposition. 

The County has not submitted a meet and confer declaration under Code of Civil Procedure section 2016.040 or a declaration showing that, when Plaintiff failed to attend the deposition, the County or its counsel contacted Plaintiff to inquire about the nonappearance.  (See Code Civ. Proc., § 2025.450, subd. (b)(2).) The Court therefore denies the motion. 

CONCLUSION 

The Court DENIES Defendant County of Los Angeles's motion to compel the deposition of Plaintiff Maria Palencia and for monetary sanctions. 

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.