Judge: Michael E. Whitaker, Case: 20STCV39774, Date: 2022-08-15 Tentative Ruling

Case Number: 20STCV39774    Hearing Date: August 15, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Plaintiff Brekycia Jackson sued defendant Shannon Sibley based on a motor vehicle collision.  Defendant moves to compel Plaintiff’s appearance for deposition.  Plaintiff opposes the motion. 

ANALYSIS

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent’s attendance and testimony.  (Code Civ. Proc., § 2025.450, subd. (a).) 

Here, on April 13, 2022, Defendant served the subject deposition notice on Plaintiff.  Defendant noticed Plaintiff’s deposition for June 8, 2022. Plaintiff did not appear for deposition on that date.  As of the date of filing of the motion, Plaintiff has not appeared for deposition. 

In opposition, Plaintiff contends that she is physically and emotionally unable to appear for an in-person deposition.  Plaintiff further argues that Defendant lacks good cause to compel Plaintiff to appear for an in-person deposition rather than by remote means, as Plaintiff has requested.  Plaintiff does not, however, provide any competent evidence from either Plaintiff, herself, or her physician to support this assertion.  Instead, Plaintiff relies on the declaration of counsel for Plaintiff, which, as hearsay, fails to constitute competent evidence.

Absent an agreement by the parties otherwise, the Court finds Plaintiff is required to appear at the time and location stated in the subject deposition notice. (See Code Civ. Proc., § 2025.250, subd. (a).) Plaintiff has not proffered any competent evidence to establish that Defendant agreed to permit Plaintiff to appear at any location other than that listed in the deposition notice.

Defendant seeks monetary sanctions in connection with the motion. The Court finds Plaintiff’s failure to appear for deposition to be an abuse of the discovery process, warranting monetary sanctions. (See Code Civ. Proc., §§ 2023.010, subd. (d), 2025.450, subd. (g)(1).) Accordingly, the Court will impose monetary sanctions against Plaintiff and Plaintiff’s counsel of record, Beverly Law Firm, in the amount of $1,397, which represents 4 hours of attorney time to prepare the motion and reply and attend the hearing at $175 per hour, plus the motion filing fee of $60 and the $637 in costs incurred in connection with the June 8, 2022 deposition.  

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to compel Plaintiff’s appearance for deposition per Code of Civil Procedure section 2025.450, and orders Plaintiff to appear in person for deposition within 30 days of notice of the Court’s orders, unless Defendant stipulates otherwise.

Further, the Court orders Plaintiff and Plaintiff’s counsel of record, Beverly Law Firm, jointly and severally, to pay monetary sanctions in the amount of $1,397 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court’s orders.

Defendant shall provide notice of the Court’s orders and file a proof of service of such.