Judge Lynne M. Hobbs, Case Number: 22STCV22650, Date: 2023-10-11 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 22STCV22650, Date: 2023-10-11 Tentative Ruling

Case Number: 22STCV22650 Hearing Date: March 12, 2024 Dept: 30

BRYAN MALDONADO vs JESSE ARCE, et al.

TENTATIVE

Defendants’ motion to compel the deposition of Plaintiff is GRANTED. Plaintiff is ordered to appear for deposition within 20 days of this order.

Defendants’ request for sanctions is GRANTED. Plaintiff is ordered to pay sanctions in the amount of $920, within 20 days of this order.

Moving party is ordered 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 May 16, 2023, Defendants served Plaintiff with a deposition notice, scheduled for June 7, 2023. (Balich Decl., ¶ 7; Exh. B.) However, Plaintiff’s counsel requested to reschedule this deposition to a different date in order to accommodate his and Plaintiff’s schedule on May 26, 2023. (Id., Exh. C.) On June 21, 2023, Defendants served Plaintiff with Notice of taking Plaintiff’s Deposition, scheduled for July 20, 2023. (Id., Exh. D.) Following various attempts via email to confirm this July 20, 2023 deposition, Defendants did not receive confirmation from Plaintiff, and decided to take the deposition off of calendar and reschedule it. (Id., Exh. E.) On September 1, 2023, Defendants properly served Plaintiff with a Notice of taking Plaintiff’s Deposition, scheduled for October 17, 2023. (Id., Exh. F.) Due to Plaintiff’s medical condition, the parties were unable to move forward with the October deposition. (Id., Exh. G.) On December 13, 2023, Defendants served Plaintiff with a Notice of taking Plaintiff’s Deposition, scheduled for January 16, 2024. (Id., Exh. H.) Plaintiff and Plaintiff’s counsel failed to attend this deposition, or communicate any reason for doing so. As such, Defendants obtained a Certificate of Non-Appearance. (Id., Exh. I.)

As Plaintiff was served with a notice to appear for deposition, and failed to appear, the motion is granted. Plaintiff is ordered to appear for deposition within 20 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 §2025.450(g)(1).)

Defendants’ request for sanctions is granted and no opposition has been filed to show substantial justification. However, the amount requested is not reasonable and will be reduced. Thus, the Court imposes sanctions against Plaintiff and counsel of record in the amount of $920 ($860 Court Reporter Fee, and $60 filing fee), jointly and severally, to be paid within 20 days of this order.