Judge: Mark E. Windham, Case: 21STCV02462, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV02462    Hearing Date: February 9, 2023    Dept: 26

Ashodian v. Culley, et al.

MOTION TO COMPEL DEPOSITION

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Addison Culley’s Motion to Compel Appearance at Deposition and Request for Sanctions is GRANTED. PLAINTIFF LOUIS ASHODIAN IS ORDRED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL, WITHIN 20 DAYS OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On January 21, 2021, Plaintiff Louis Ashodian (“Plaintiff”) filed the Complaint in this action against Defendants Addison Culley (“Defendant Culley”) and American Family Mutual Insurance Company (“Defendant American Family”). On April 21, 2021, Plaintiff filed the First Amended Complaint and the case was reclassified from the unlimited jurisdiction civil department to the limited jurisdiction civil department on May 4, 2021. (Notice of Reclassification, 05/04/21.)

Proof of service of the Summons and Complaint on Defendant Culley was filed on July 11, 2022. Defendant Culley filed an Answer to the First Amended Complaint on the same day. Defendant Culley filed the instant Motion to Compel Deposition and Request for Sanctions on January 9, 2023. No opposition has been filed to date.

Discussion

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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, electronically stored information, or tangible thing 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, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).)

Defendant Culley served Plaintiff with a Notice of Deposition on November 8, 2022, setting the deposition for December 1, 2022. (Motion, Jacoby Decl., Exh. C.) At Plaintiff’s request, the deposition was re-scheduled to December 20, 2022. (Id. at ¶6 and Exh. D.) Defense counsel sent Plaintiff a reminder on December 19, 2022 but Plaintiff did not appear for deposition the next day. (Id. at ¶¶6-7 and Exhs. E, G.) Nor did Plaintiff respond to meet and confer efforts after the non-appearance. (Id. at Exh. F.) Based on this history, the meet and confer requirement has been satisfied. (Id. at Exh F.)

Due to Plaintiff’s failure to cooperate in the taking of their deposition, Defendant Culley is entitled to an order compelling Plaintiff’s deposition. An award of sanctions is also appropriate due to Plaintiff’s non-cooperation. (Code Civ. Proc., § 2023.030, subd. (a).) Defendant Culley’s request for monetary sanctions is granted in the amount of $510.00 based on 2.5 hours of attorney time billed at $180.00 per hour and $60.00 in costs. (Motion, Jacoby Decl., ¶10.)

Conclusion

Defendant Addison Culley’s Motion to Compel Appearance at Deposition and Request for Sanctions is GRANTED. PLAINTIFF LOUIS ASHODIAN IS ORDRED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL, WITHIN 20 DAYS OF THIS ORDER. PLAINTIFF IS ALSO ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.