Judge: Mark H. Epstein, Case: 23SMCV00830, Date: 2024-12-06 Tentative Ruling

Case Number: 23SMCV00830    Hearing Date: December 6, 2024    Dept: I

The motion to compel is GRANTED.  Sanctions are GRANTED in the reduced amount of $1,072.50 against defendant, but not counsel, payable within 30 days.  The reduction is to account for the non-opposition. 

Defendant served a notice for the deposition of plaintiff’s PMK.  It was first served on April 23, 2024, for a deposition on May 17, 2024.  But the notice stated that if there was a better date for plaintiff, defendant would move the deposition.  Plaintiff never objected to the notice nor did plaintiff suggest alternative dates.  Instead, on May 16, 2024, plaintiff’s counsel contacted defense counsel to say the deposition would have to be rescheduled.  Defendant then asked for alternative dates, but plaintiff never followed up.  The bottom line is that plaintiff has acted in bad faith by not appearing for deposition and refusing to suggest or provide a deposition date.

Therefore, no later than Tuesday, December 10, 2024, at noon, plaintiff’s counsel will provide three dates not earlier than December 26, 2024, and not later than January 16, 2025.  No later than noon on Thursday, December 12, 2024, defense counsel will pick a date for the deposition in the foregoing time range.  The date will be a working day (no weekends or holidays) and will not be one of the three dates plaintiff’s counsel provided (assuming plaintiff provided them in a timely way).  The deposition will go forth from day to day, weekends and holidays and plaintiff’s blackout dates excepted.  The deposition will begin at 9 am and there will be one 45 minute lunch breach.  There will also be one 15 minute morning break and one 15 minute afternoon break.  The parties may alter this scheduling order by written agreement.  Plaintiff’s PMK is ORDERED to appear on a date chosen in conformity with this order or agreement of the parties.