Judge Mark C. Kim, Case 21LBCV00668 2023-03-30 Tentative Ruling

Judge: Mark C. Kim, Case: 21LBCV00668, Date: 2023-03-30 Tentative Ruling

Case Number: 21LBCV00668 Hearing Date: March 30, 2023 Dept: S27

Background Facts

Plaintiffs, Anicia Maria Espinoza Reyes and Benigno Enriquez Espinosa filed this action against Defendants, Ana Canjura and Deysi Camarena for negligence, breach of warranty of habitability, breach of covenant of quiet enjoyment, premises liability, nuisance, and IIED.

Motion to Compel Deposition

Defendants noticed Plaintiff, Anicia Maria Espinoza Reyes’s video deposition for 1/26/23, but Plaintiff failed to appear. The parties met and conferred and agreed that the deposition would go forward on 2/08/23. Defendants noticed the deposition for 2/08/23, but Plaintiff again failed to appear.

Defendants move to compel Plaintiff to appear at a video deposition. The motion to compel is granted. CCP §2025.450(a). Defendants seek an order requiring Plaintiff to appear for deposition within ten days; the Court finds this timeline to be too tight to meaningfully meet and confer and schedule the deposition. The Court orders Plaintiff to meet and confer with Defendants concerning a deposition date and time within the next five days. The deposition must go forward at a mutually convenient date and time within the fifteen days following the meet and confer conversation. If Plaintiff does not initiate the meet and confer process within five days, Defendants may unilaterally schedule the mandated deposition on statutory notice for a date and time of their choosing.

Defendants also seek an order imposing sanctions. Sanctions are mandatory per §2025.450(c)(1) unless Plaintiff shows good cause to avoid a sanctions order. Any opposition to the motion was due on or before 3/17/23. Plaintiff did not file timely opposition to the motion. In the absence of opposition, Plaintiff necessarily did not meet her burden to show imposition of sanctions would not be just. Sanctions are therefore imposed. Defendants seek sanctions in the total amount of $1590.60, which includes court reporter and translator fees for each of the missed depositions. The Court has reviewed Defendants’ attorney’s declaration in support of the request for sanctions and finds the amount is reasonable and fully supported. Plaintiff is ordered to pay sanctions to Defendants, by and through their attorney of record, in the amount of $1590.60, within twenty days.

Defendants are ordered to give notice.

Parties who intend to submit on this tentative must contact the clerk at 562-256-2227 indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.