Judge: Lisa R. Jaskol, Case: 22STCV31570, Date: 2023-09-07 Tentative Ruling

Case Number: 22STCV31570    Hearing Date: September 7, 2023    Dept: 28

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

BACKGROUND 

On September 27, 2022, Plaintiffs Tiani Compton and Sioni Tuihalamaka filed this action against Defendants Walter Soeker (“Defendant”) and Does 1-100 for motor vehicle tort and general negligence. 

On September 29, 2022, Plaintiffs filed a first amended complaint. 

On January 23, 2023, Defendant filed an answer. 

On August 24, 2023, Defendant filed a motion to compel Plaintiffs’ attendance, testimony, and production of documents at deposition and for monetary sanctions, to be heard on September 7, 2023. On August 28, 2023, Plaintiffs filed an opposition. 

Trial is currently scheduled for March 26, 2024. 

PARTIES’ REQUESTS 

Defendant requests that the Court order Plaintiffs to attend, testify, and produce documents at deposition and pay $455.34 in sanctions within 20 days of the hearing on the motion. 

Plaintiffs request that the Court deny the motion. 

LEGAL STANDARD 

“If, after service of a deposition notice, a party to the action … 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.”  (Code Civ. Proc., § 2025.450, subd. (a).) 

A motion under Code of Civil Procedure section 2025.450, 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 the petitioner has contacted the deponent to inquire about the nonappearance.”  (Code Civ. Proc., § 2025.450, subd. (b).)  

Code of Civil Procedure section 2025.450, subdivision (g)(1) provides that if a motion made under 2025.450 is granted, the court shall impose a monetary sanction 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. 

“The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it 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., § 2023.030, subd. (a).) 

DISCUSSION 

Defendant’s motion does not comply with the notice requirements of Code of Civil Procedure section 1005.  Moving papers must be filed and served at least 16 court days prior to the hearing on the motion. The hearing date for this motion is September 7, 2023.  Sixteen court days prior to September 7, 2023, is August 15, 2023.  Defendant filed the motion on August 24, 2023, after the deadline. The Court denies the motion. 

CONCLUSION 

The Court DENIES Defendant Walter Soeker’s motion to compel Plaintiffs’ attendance, testimony, and production of documents at deposition and for monetary sanctions. 

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.