Judge: Lisa R. Jaskol, Case: 23STCV14396, Date: 2024-07-09 Tentative Ruling
Case Number: 23STCV14396 Hearing Date: July 9, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On June 21, 2023, Plaintiff Edgar Paras (“Plaintiff”) filed this action against Defendants Cynthia Davis (“Defendant”) and Does 1-100 for motor vehicle negligence, negligence per se - Vehicle Code section 22350, negligent infliction of emotional distress, and negligent entrustment.
On July 21, 2023, Defendant filed an answer.
On March 26, 2024, Defendant filed a motion to compel Plaintiff’s deposition and for sanctions, to be heard on June 3, 2024. The Court continued the hearing to July 9, 2024. Plaintiff has not filed an opposition.
Trial is currently scheduled for December 18, 2024.
PARTY’S REQUESTS
Defendant asks the Court to compel Plaintiff to appear for a deposition on June 13, 2024, at 10:00 a.m. at the office of Mark R. Weiner & Associates, 655 North Central Avenue, 10th Floor, Glendale, California 91203, and produce responsive documents. Defendant also asks the Court 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.
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“(2) On motion of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of that party 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).)
DISCUSSION
On July 25, 2023, Defendant noticed Plaintiff’s deposition for October 25, 2023. Defendant later re-noticed the deposition for January 17, 2024. The parties explored possible alternative dates for the deposition but did not agree on a date. Plaintiff did not appear at the January 17, 2024 deposition. Afterward, Defendant met and conferred with Plaintiff’s counsel about Plaintiff’s non-appearance. The parties rescheduled the deposition for February 15, 2024, but on February 13, 2024 Plaintiff’s counsel stated he was ill and would provide alternative dates at a later time. Plaintiff’s counsel has not provided alternative dates and Defendant has not taken Plaintiff’s deposition.
The Court grants the motion.
Defendants ask the Court to award $455.34 in sanctions based on two hours of attorney time at a rate of $160.17 per hour, one hour of legal assistant time at a rate of $75.00 per hour, and one $60.00 filing fee. Counsel spent two hours to meet and confer, review the motion and declaration, and appear at the hearing. The Court does not award fees for legal assistant time. The Court awards $380.34 in sanctions based on two hours of attorney time and one filing fee.
CONCLUSION
The Court GRANTS Defendant Cynthia Davis’s motion to compel Plaintiff Edgar Paras to attend his deposition. The Court orders Plaintiff Edgar Paras to attend his deposition at the office of Mark R. Weiner & Associates, 655 North Central Avenue, 10th Floor, Glendale, California 91203 and produce documents responsive to the deposition notice by August 8, 2024.
The Court GRANTS Defendant Cynthia Davis’s request for sanctions and orders Plaintiff Edgar Paras and his counsel to pay Defendant Cynthia Davis $380.34 by August 8, 2024.
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.