Judge: Lynne M. Hobbs, Case: 21STCV21239, Date: 2024-01-25 Tentative Ruling

Case Number: 21STCV21239    Hearing Date: January 25, 2024    Dept: 30

MICHAEL FISHER vs JUAN HERNANDEZ, et al.

TENTATIVE

Defendant Jorge Luis Rico dba JLR Trucking’s motion to compel Plaintiff to produce documents is GRANTED. Plaintiff is ordered to produce those documents, without objections, within 20 days of this ordered.  Additionally, Plaintiff is ordered to pay sanctions in the amount of $630 to Defendant within thirty (30) days.  Moving party to give notice.

Legal Standard

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿(Code of Civ. Proc., § 2025.010.)¿A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying.¿(Code of Civ. Proc., § 2025.280,¿subd. (a).)¿¿¿

¿“If, after service of a deposition notice, a party . . . 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 notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.”¿¿(Code of Civ. Proc., § 2025.450,¿subd. (a).)¿The motion must set forth both facts showing good cause justifying the demand for any documents and a meet and confer declaration.¿(Code of Civ. Proc., § 2025.450,¿subds. (b)(1), (b)(2).)¿¿

¿A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code of Civ. Proc.,¿§ 2025.450(g)(1).)

Discussion

Defendant moves for an order compelling Plaintiff to produce all documents responsive to the Request for Production of Documents served with the Notice of Taking Deposition of Plaintiff.

Defendant argues that on December 16, 2022, Defendants served a Notice of Deposition of Plaintiff and Request for Production of Documents on Plaintiff’s counsel. (Sakai Decl., Exh. C.) Defendant contends that he never received any written objections to the Notice of Deposition. (Id Decl. ¶ 15.)

Defendant argues on January 31, 2019, Plaintiff appeared for deposition without any documents. (Id., ¶ 6.) Defendant argues that as shown in the accompanying Separate Statement, each category of documents requested relates to Plaintiff’s medical/bodily injury claims and property damage claims. Defendants assert that the Court should thus order Plaintiff to produce responsive documents to Request Nos. 2-4, 7-11, and 13-18.

The Court finds that Defendant’s Separate Statement sets forth facts showing good cause justifying the demand for the documents. As noted by Defendant, each request is tied to Plaintiff’s claims for damages. Pursuant to Section 2025.450, Defendant’s noticing of the deposition on December 16, 2022 and Plaintiff’s failure to produce documents at the deposition are sufficient to compel the production of any document described in the deposition notice. Further, Defendant properly met and conferred.

Based on the foregoing, Defendant’s motion to compel Plaintiff to produce documents is GRANTED.

Sanctions

A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code of Civ. Proc.,¿§ 2025.450(g)(1).)

Defendant seeks sanctions against Plaintiff and his counsel of record, George Semaan of the May Firm, in the amount of $2,200. Defendant argues that the amount consists of 8 hours drafting the moving papers, an anticipated 2 hours drafting a reply to any opposition, and 1 hour appearing at the hearing billed at a rate of $210 per hour.

The Court finds that the amount of sanctions requested is unreasonable. Defendant is only entitled to recover for the reasonable time spent preparing the instant motion. Accordingly, the Court awards reduced sanctions in the amount of $630 for 2 hours spent preparing the moving papers, and 1 hour spent attending the hearing billed at a rate of $210 an hour. The sanctions are against Plaintiff only.