Judge: Maurice A. Leiter, Case: 20STCV44565, Date: 2023-04-17 Tentative Ruling

Case Number: 20STCV44565    Hearing Date: April 17, 2023    Dept: 54

Hearing Date: April 17, 2023

Department 54, Judge Maurice A. Leiter

Motion to Compel Deposition

Moving Party: Plaintiffs Maria Cardozo, et al.

Responding Party: None

T/R:     PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IS GRANTED.

DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION WITHIN 30 DAYS OF NOTICE OF RULING.

PLAINTIFFS’ REQUEST FOR SANCTIONS IS GRANTED. SANCTIONS MUST BE PAID WITHIN 30 DAYS.

PLAINTIFFS 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.

“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).) 

Plaintiffs move to compel the deposition of Defendant Alejandro Martinez. Plaintiffs served notice of deposition on December 20, 2022 with a deposition date of January 13, 2023. Defendant did not appear for his deposition despite attempts to contact him. Defendant does not oppose this motion.

Plaintiffs’ motion is GRANTED. Plaintiffs’ request for sanctions in the amount of $2,042.15 is GRANTED.