Judge: Lynne M. Hobbs, Case: 21STCV01657, Date: 2023-06-20 Tentative Ruling

Case Number: 21STCV01657    Hearing Date: June 20, 2023    Dept: 30

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BIJAN ABRISHAME vs LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, et al.
21STCV01657
Motion to Compel Deposition of Defendant MTA's PMK, by Plaintiff

Ruling:  Granted.  Deposition of PMQ to occur within 30 days of date of service of notice of ruling.  Sanctions in the amount of $1640 are awarded to Plaintiff and against responding defendant. Moving party to give notice.

Rationale: 

Plaintiff moves for orders compelling MTA’s PMK to appear for deposition. MTA’s request for a continuance of this hearing is denied.

Plaintiff’s counsel testifies that he originally sent a deposition notice to MTA on March 9, 2022 setting a deposition for April 5, 2022. (Amarkarian Decl., ¶5.) MTA’s counsel raised concerns over the contents of the deposition notice in his meet and confer letter, but the letter was dated April 7, 2022, two days after the deposition was set to take place. Thus, any objections raised were waived.  MTA failed to produce its PMK for deposition despite a proper deposition notice. 

Sanctions are mandatory 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).) Here, the Court does not find that MTA acted with substantial justification in failing to appear for the deposition. However, the Court finds that Plaintiff’s request for sanctions is excessive, and awards $1,640 in sanctions for four hours of attorney time at a rate of $395 per hour plus filing fees.