Judge: Mark H. Epstein, Case: 23SMCV03272, Date: 2024-09-06 Tentative Ruling

Case Number: 23SMCV03272    Hearing Date: September 6, 2024    Dept: I

The unopposed motion to compel deposition and for sanctions are GRANTED.  Within 72 hours of the hearing, plaintiff may submit up to three dates to defendant not less than 3 weeks from today and not more than 6 weeks from today.  Within 96 hours of that, defendant may unilaterally set the plaintiff’s deposition for any day not less than 3 weeks from today and not more than 6 weeks from today—weekends and holidays excepted—other than any of the up to three dates timely identified by plaintiff.  Once the deposition starts, it will go from day to day until completed, weekends and holidays and the up to three dates identified by plaintiff excepted.  The deposition will be in person but must be within the 75-mile limitation for deposition.  It will start at 9:30 am and end at 5:30 pm.  There will be a one hour lunch break and two 15 minute recesses—one in the morning and one in the afternoon.  These rules may be changed by written agreement of the parties or by a statement made by the parties that is transcribed by a court reporter.  Sanctions are imposed on plaintiff, but not counsel, in the amount of $3227.50, payable within 30 days.