Judge: Lynne M. Hobbs, Case: 20STCV45127, Date: 2024-10-17 Tentative Ruling

Case Number: 20STCV45127    Hearing Date: October 17, 2024    Dept: 61

CHARLES PIERSON vs CITY OF LOS ANGELES, et al.

TENTATIVE

Plaintiff’s Motion to Compel Depositions is GRANTED. Defendant must comply within 30 days, unless an alternate agreement between the parties is reached in writing. Sanctions are awarded against Defendant and in favor of Plaintiff in the amount of $1360, and payable wihtin 30 days.

Plaintiff is ordered to give notice within 3 days and file the Notice of Ruling with the Court.

DISCUSSION

I. MOTION TO COMPEL DEPOSITION

A party may make a motion compelling a witness’s deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).)

Plaintiff Charles Pierson (Plaintiff) moves to compel the depositions of eight witnesses:

1. Defendant City of Los Angeles’ (Defendant) Person Most Knowledgeable (PMK) for Employee Reinstatement Rights Upon Return from Military Deployment

2. Defendant’s PMK for Bureau of Sanitation Divisions 382 and 387 from 2016–2024

3. Defendant’s PMK for Supervisor Job Duties of Division 382 and 387 from 2016–2024

4. Defendant’s PMK for List of Employees who held Supervisor of Division 382 Position from May 2016 to Present

5. Defendant’s PMK for Transfer of Supervisor Charles Pierson Upon Return from Military Deployment

6. Defendant’s PMK for Identification of Bureau of Sanitation Supervisor Division 382 on July 7, 2019

7. Mark Fernandez

8. Vincent Tan

These deposition notices and accompanying requests for production were served on July 22, 2024. (Cwiklo Decl. ¶¶ 15–21, Exhs. K–Q.) Defendant served objections on July 9, 2024. (Cwiklo Decl. ¶ 17, Exhs. W–EE.) Plaintiff has met and conferred with Defendant regarding dates for deposition, but Defendant has not provided dates of deposition. (Cwiklo Decl. ¶¶ 30–43.)

Plaintiff has presented evidence that Defendant has failed to present witnesses for deposition. Defendant has filed no opposition to the motion. 

The motion is therefore GRANTED.

II. SANCTIONS

“ 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, subd. (g)(1).)

Plaintiff seeks $6,885.00 in sanctions, representing 10.5 hours of attorney work at $650 per hour, plus a $60 filing fee. (Cwiklo Decl. ¶ 47.) This includes two hours and $1,300 preparing a reply to an opposition that has not been filed. It also includes five hours of time and $3,250.00, including portal to portal travel, for the hearing on this motion. This amount of time in relation to the hearing is excessive.

Sanctions are awarded in the amount of $1,360.00, representing two hours of work at $650 per hour, plus a $60 filing fee.