Judge: Mark E. Windham, Case: 23STLC02509, Date: 2024-01-17 Tentative Ruling

Case Number: 23STLC02509    Hearing Date: January 17, 2024    Dept: 26

Abba Bail Bonds, Inc. v. Thompson-West, et al.

MOTION TO COMPEL DEPOSITION

(CCP § 2025.450)

TENTATIVE RULING:

Plaintiff Abba Bail Bonds, Inc.’s Motion to Compel Appearance at Deposition and Request for Sanctions is GRANTED. DEFENDANT DAIRYON DAYVON THOMPSON WEST IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFFS’ COUNSEL, WITHIN 20 DAYS OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $1,081.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On April 17, 2023, Plaintiff Abba Bail Bonds, Inc. (“Plaintiff”) filed this action against Defendant Dairyon Dayvon Thompson West (“Defendant”). Defendant filed an answer, in propria persona, on September 6, 2023. Plaintiff filed the instant Motion to Compel Deposition and Request for Sanctions on December 19, 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).)

Plaintiff served Defendant with a Notice of Deposition on September 29, 2023, setting the deposition for November 9, 2023. (Motion, Iskander Decl., Exh. 1.) Defendant did not attend the deposition or otherwise communicate with Plaintiff’s counsel. (Id. at ¶3.) Attempts to reach Defendant regarding the deposition and other outstanding discovery on December 17, 18, and 19, 2023 have been unsuccessful. (Id. at ¶5.) Based on this history and the lack of any opposition, Plaintiff has demonstrated that the meet and confer requirement is satisfied and that there was no good cause for Defendant’s failure to attend the deposition or communicate regarding discovery.

Due to Defendant’s failure to cooperate in the taking of their deposition, Plaintiff is entitled to an order compelling their appearance. An award of sanctions is also appropriate due to Defendant’s non-cooperation. (Code Civ. Proc., § 2023.030, subd. (a).) Plaintiff request for monetary sanctions, however, is excessive given this straightforward and unopposed motion. Under a lodestar calculation, sanctions are granted in the amount of $1,081.00 based on two hours of attorney time billed at $510.00 per hour and $61.00 in costs. (Motion, Iskander Decl., ¶7.)

Conclusion

Plaintiff Abba Bail Bonds, Inc.’s Motion to Compel Appearance at Deposition and Request for Sanctions is GRANTED. DEFENDANT DAIRYON DAYVON THOMPSON WEST IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFFS’ COUNSEL, WITHIN 20 DAYS OF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $1,081.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.