Judge: Mark H. Epstein, Case: 23SMCV04028, Date: 2025-05-23 Tentative Ruling

Case Number: 23SMCV04028    Hearing Date: May 23, 2025    Dept: I

The court is inclined to GRANT this unopposed motion to compel a deposition.  There being no excuse for plaintiff’s behavior, sanctions in the amount of $2100 are imposed against plaintiff, but not counsel, payable within 30 days.  The amount is reduced from the request because the request assumed there would be an opposition and reply.

No later than noon on May 27, plaintiff’s counsel will send over two dates not before June 9, 2025 and not after June 23, 2025.  No later than noon on May 28, 2025, defendant’s counsel will set the deposition date.  It can be for any date in the prior range other than weekends, holidays, or the two dates if plaintiff sent them over timely.  Once the deposition starts, it will go from day to day until done, weekends, holidays, and plaintiff’s two days excepted.  It will start at 9 am and end at 5:30 pm.  There will be a one hour lunch break and two 15 minute breaks—one in the morning and one in the afternoon.  In counting toward the 7 hours (if one is doing so), any colloquy is not to be included.  The deposition will be in person or by Zoom at defense counsel’s election.  If in person, it will be at defense counsel’s office.  The parties may alter the foregoing by written agreement.  If plaintiff fails to appear for any reason other than a truly unforeseen and unforeseeable emergency, the court will entertain an ex parte application to shorten time on a motion for sanctions potentially including a terminating sanction.