Judge Mark A. Young, Case Number: 21SMCV00515, Date: 2024-01-23 Tentative Ruling

Judge: Mark A. Young, Case: 21SMCV00515, Date: 2024-01-23 Tentative Ruling

Case Number: 21SMCV00515 Hearing Date: January 23, 2024 Dept: M

CASE NO.: 21SMCV00515

MOTION: Motion to Compel the Deposition of Plaintiff

HEARING DATE: 1/23/2024

Legal Standard

Service of a proper deposition notice obligates a party or “party-affiliated” witness (officer, director, managing agent or employee of party) to attend and testify, as well as produce any document, electronically stored information, or tangible thing for inspection and copying. (CCP § 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testify, or produce documents or tangible things for inspection without having served a valid objection under CCP § 2025.410, the deposing party may move for an order compelling attendance, testimony, and production. (CCP § 2025.450(a).) The motion must be accompanied by a meet and confer declaration, or, when a party deponent fails to attend the deposition, the motion must also be accompanied by a declaration stating that the moving party has contacted the party deponent to inquire about the nonappearance. (CCP § 2025.450(b)(2).)

A motion to compel production of documents described in a deposition notice must be accompanied by a showing of good cause. (CCP § 2025.450(b)(1).) In other words, the moving party must provide evidence (generally in the form of declarations) showing specific facts justifying inspection of the documents described in the notice. Courts liberally construe good cause in favor of discovery where facts show the documents are necessary for trial preparation.

The motion to compel must be “made no later than 60 days after the completion of the record of the deposition.” (CCP § 2025.480(b).) This time limit also applies to motions based on a deposition subpoena for production of documents or a business records subpoena. The 60-day time limit runs from the date objections are served because the deposition record is then complete. (Rutledge v. Hewlett-Packard Co. (2015) 238 Cal.App.4th 1164, 1192.)

Analysis

Defendants Alice Hirsch and Nathan Hirsch move to compel Plaintiff Sophie Morris to attend a deposition on February 6, 2024, at 10:00 am at Veritext Court Reporting, 707 Wilshire Boulevard, Suite 3500, Los Angeles, CA 90017, or on another mutually convenient date and time. Defendants also seek sanctions for fees and costs of $1,063.00.

On September 25, 2023, Defendants served a Notice of Taking Deposition upon Plaintiff,

scheduling the deposition for November 28, 2023, at 10:00 am. (Bowen Decl., ¶ 3, Ex. A.) Plaintiff failed to serve an objection to the deposition notice. (¶ 4.) The day prior to the deposition, Defendants’ counsel’s office contacted Plaintiff’s counsel to confirm Plaintiff would be appearing. (¶ 5.) Plaintiff’s counsel informed Defendants that Plaintiff apparently went on a spur-of-the-moment cruise and could not be contacted. (¶ 6.) As such, Plaintiff failed to appear for her noticed deposition. ¶ 7.) Defense counsel offered numerous dates to set Plaintiff’s deposition, but Plaintiff failed to accept or offer any alternative dates. (¶ 10.) With this record, Defendants demonstrate that Plaintiff failed to attend her duly noticed deposition.

Accordingly, the motion is GRANTED. Plaintiff is ordered to attend her deposition at Veritext Court Reporting, 707 Wilshire Boulevard, Suite 3500, Los Angeles, CA 90017 at mutually convenient date and time, within 10 days of this order.

Sanctions are mandatory, unless 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).) The above record demonstrates that Plaintiff’s discovery abuse necessitated this motion. Therefore, sanctions will be imposed against Plaintiff. The Court finds the noticed sanctions reasonable. Accordingly, sanctions are imposed in the noticed amount of $1,063.00, inclusive of costs, against Plaintiff and payable within 30 days.