Judge: Michael E. Whitaker, Case: 20STCV40035, Date: 2022-10-03 Tentative Ruling

Case Number: 20STCV40035    Hearing Date: October 3, 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 Anahit Akopyan (“Plaintiff”) sued Defendant Ilham Bazoon (“Defendant”) for injuries Plaintiff sustained as a result of a motor vehicle accident.  Defendant moves for a court order compelling Plaintiff to appear for deposition.  Defendant also seeks monetary sanctions in connection with the motion.  Plaintiff has not filed an opposition.

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 February 2, 2022, Defendant served Plaintiff with a Notice of Deposition of Plaintiff, scheduling Plaintiff’s deposition for June 2, 2022.  (Motion, Beck Decl., ¶ 4, Ex. A.)  Plaintiff never served an objection to the Notice of Deposition.  (Id., ¶ 5.)  On June 2, 2022, Defendant’s counsel’s office called Plaintiff’s counsel’s office to inquire why she and her client were not present at the deposition.  (Id.)  Plaintiff’s counsel responded that she never confirmed Plaintiff was going to appear at the deposition.  (Id.)  Plaintiff’s counsel was advised that Defendant would take a certificate of non-appearance and would proceed with filing a motion to compel Plaintiff to appear for deposition if alternate deposition dates were not provided in the next seven days.  (Id., ¶ 5, Ex. B.)  As of the date of the motion, Plaintiff has not provided any alternate dates for her deposition.  (Id., ¶ 7.)

            As Defendant properly served the Notice of Deposition on Plaintiff and Plaintiff failed to object to the Notice or appear for deposition, Defendant is entitled to a court order compelling Plaintiff to appear for deposition.

            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).)  The Court will therefore impose monetary sanctions against Plaintiff and Plaintiff’s counsel of record, Armine Markosyan of the Law Offices of Armine Markosyan, in the amount of $1,198.16, representing 3 hours of attorney time to prepare the motion and notice of non-opposition and attend the hearing at $170 per hour, plus the motion filing fee of $76.16 and $612 in court reporter fees incurred in connection with the June 2, 2022 deposition.

CONCLUSION AND ORDER

            Therefore, the Court grants Defendant’s motion for order compelling Plaintiff to appear for deposition per Code of Civil Procedure section 2025.450, and orders Plaintiff to appear 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, Armine Markosyan of the Law Offices of Armine Markosyan, jointly and severally to pay monetary sanctions in the amount of $1,198.16 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.