Judge: Lynne M. Hobbs, Case: 21STCV39416, Date: 2023-08-09 Tentative Ruling

Case Number: 21STCV39416    Hearing Date: August 9, 2023    Dept: 30

ZOLTAN LOU GOGER vs AMY L. CHU

Re:  Defendant's Motion for Order Compelling the Attendance and Testimony of Plaintiff Zoltan Lou Goger

Ruling:   Defendant's Motion for Order Compelling the Attendance and Testimony of Plaintiff Zoltan Lou Goger is granted.  The request for Monetary Sanctions is granted in the amount of $1710.00, to be paid within 30 days, and in favor of Defendant, against Plaintiff.  

Rationale:  

Defendant offers the Declaration of H. Daniel Burrows (“Burrows Dec.”) which states that Plaintiff was served with a notice of deposition on July 15, 2022 for a deposition to take place on August 2, 2022. Plaintiff objected to that date. (Burrows Dec., ¶ 3.) On July 18, 2022, Defendant noticed the deposition of Plaintiff again, this date was set for September 19, 2022. This time, Plaintiff’s counsel asked for a continuation of the deposition. (Id. at ¶ 4.) Subsequently, Defendant noticed Plaintiff for deposition three more times.  Each of those times, Plaintiff Counsel cancelled the deposition. (Id. at ¶ 5-7.)  A sixth and final deposition was noticed on Plaintiff on February 6, 2023 for a deposition to take place on February 17, 2023. Although Plaintiff’s counsel appeared, Plaintiff did not. (Id. at ¶ 8.) Seeing as Defendant has met the requirements of CCP §2025.450, the Court will grant the instant Motion.

Sanctions

Pursuant to CCP §2025.440, sanctions are mandatory.  The Court will award sanctions against Plaintiff, and in favor of Defendant, as follows:  Counsel’s hourly rate is $400.00 per hour, Counsel was charged a $450.00 fee by the court reporter for Plaintiff’s nonappearance at the February 17, 2023 deposition, Counsel spent two hours preparing and filing the instant Motion; Counsel incurred a $60.00 filing fee.  The total amount awarded is $1,710.00 in sanctions in favor of Defendant, against Plaintiff.  The requested amount was reduced as no opposition was filed.