Judge: Lynne M. Hobbs, Case: 20STCV17691, Date: 2024-03-25 Tentative Ruling

Case Number: 20STCV17691    Hearing Date: March 25, 2024    Dept: 30

NAVID GANJIAN vs CHONG XU

TENTATIVE

Defendant Chong Xu’s motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Navid Ganjian is ordered to appear for deposition within 30 days of this order. The request for sanctions against Plaintiff is GRANTED. Plaintiff Navid Ganjian is ordered to pay Defendant monetary sanctions in the amount of $1,092 within 30 days of this order. Moving party to give notice.

Legal Standard

Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.)

CCP section¿2025.450(a) provides:¿“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 . . . 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 . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450(a).)

Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).)

CCP section¿2025.450(b) provides:¿“A motion under subdivision (a)… 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.”¿ (Id., § 2025.450(b).)

Discussion

On November 17, 2023, Defendant initially served a Notice of Taking Plaintiff’s Deposition and Demand for Production of Documents at Deposition on Plaintiff. The deposition was set December 11, 2023. (Gilbert Decl., ¶ 2; Exh. A.) Plaintiff’s counsel informed Defense counsel that Plaintiff was not available on December 11, 2023, but was available on December 12, 2023. Defense counsel therefore re-noticed Plaintiff’s deposition for December 12, 2023. (Id., Exh. B.) The night prior to the deposition, Plaintiff’s counsel informed Defense counsel that Plaintiff was not going to be able to appear for his deposition as he was going to be out of town. Defense counsel and Plaintiff’s counsel met and conferred regarding a new date. Plaintiff’s counsel stated Plaintiff would be available January 9, 2024. Defense counsel therefore re-noticed the deposition for January 9, 2024. (Id., Exh. C.) No objection was received from Plaintiff regarding the re-noticed date. Plaintiff failed to appear at the properly noticed deposition. A Certificate of Non-Appearance was taken. (Id., Exh. D.)

As Plaintiff was properly served with the notice of deposition, did not object under CCP section 2025.410, and failed to appear, the motion to compel Plaintiff to appear for deposition is GRANTED. Plaintiff is ordered to appear for deposition within 30 days of this order.

Sanctions

If a motion under CCP section¿2025.450(a) 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. (CCP section¿2025.450(g)(1).)

As the motion to compel Plaintiff’s deposition is granted, Defendant’s request for sanctions is granted. Thus, the Court imposes sanctions against Plaintiff and in favor of Defendant, in the amount of $1,092, for the invoice of the missed deposition (Gilbert Decl., Exh. E), to be paid within 30 days of this order.

Conclusion

Accordingly, Defendant’s motion to compel the deposition of Plaintiff is GRANTED. Plaintiff is ordered to appear for deposition within 30 days of this order. The request for sanctions against Plaintiff is GRANTED. Plaintiff is ordered to pay Defendant monetary sanctions in the amount of $1,092 within 30 days of this order.