Judge: Maurice A. Leiter, Case: 20STCV31993, Date: 2022-08-26 Tentative Ruling

Case Number: 20STCV31993    Hearing Date: August 26, 2022    Dept: 54

Hearing Date: August 26, 2022

Department 54, Judge Maurice A. Leiter

(3) Motions to Compel Deposition

Moving Party: Defendant Redwood Urban LLC

Responding Party: None

T/R:     DEFENDANT’S MOTIONS TO COMPEL DEPOSITIONS ARE GRANTED.

PLAINTIFFS ARE ORDERED TO APPEAR FOR DEPOSITION WITHIN 60 DAYS OF NOTICE OF RULING.

DEFENDANT’S REQUESTS FOR SANCTIONS ARE GRANTED IN THE AMOUNT OF $250.00 FROM EACH PLAINTIFF.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No oppositions have been received.

BACKGROUND

This is the lead case in 24 consolidated landlord-tenant actions.

ANALYSIS

“If, after service of a deposition notice, a party to the action … 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.”  (CCP § 2025.450, subd. (a).)

The motion must be accompanied by a good faith meet and confer declaration under section 2016.040 or, “when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”  (CCP § 2025.450, subd. (b)(2).) 

Defendant Redwood moves to compel the depositions of Plaintiffs Audrey Holland, Timon Neiditch and Belinda Durham. Defendant served notices of deposition on September 29, 2021. Holland’s deposition was noticed for November 19, 2021; Neiditch’s deposition was noticed for November 4, 2021; Durham’s deposition was noticed for November 24, 2021. Holland and Neiditch failed to appear at their depositions. Durham requested that the deposition be rescheduled, but ultimately failed to provide alternative dates. Plaintiffs have not opposed these motions.

The motions are GRANTED. Defendant requests $1,200.00 in sanctions against Plaintiff Neiditch, and $1,960.00 in sanctions against Holland and Durham. As the motions are duplicative, the Court will allow sanctions in the amount of one hour in attorney time ($190) plus the filing fee ($60), for a total of $250.00 for each motion.