Judge: Michael E. Whitaker, Case: 21STCV09436, Date: 2023-01-30 Tentative Ruling

Case Number: 21STCV09436    Hearing Date: January 30, 2023    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

            Defendants Shawn Allen Hauer and Progressive Equipment Leasing, Inc. (collectively, Defendants) move the Court to compel the appearance of Plaintiff Elen Isakhanyan (Plaintiff) for deposition and to produce the documents and tangible things for inspection and copying as requested in the deposition notice.  Defendant requests monetary sanctions in connection with the motion.  Plaintiff has not filed an opposition to the motion.

ANALYSIS

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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.”  (Code Civ. Proc., § 2025.450, subd. (a).)

Here, on June 23, 2022, Defendants served the subject deposition notice on Plaintiff.  Defendant noticed the deposition of Plaintiff for July 15, 2022.  On July 11, 2022, just four days before the scheduled deposition, Plaintiff’s counsel informed Defendants’ counsel that the deposition could not go forward as Plaintiff had left the country on a family emergency.  As of the date of filing of this motion, Plaintiff has not appeared for deposition. 

Defendants seek 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, in the amount of $464, which represents two hours of attorney time to prepare the motion and attend the hearing at $204 per hour, plus the motion filing fee of $60.

CONCLUSION AND ORDER

Therefore, the Court grants Defendants’ motion to compel Plaintiff to appear for deposition per Code of Civil Procedure section 2025.450, and orders Plaintiff to appear for deposition and to produce the documents and tangible things for inspection and copying as requested in the deposition notice, within 30 days of notice of the Court’s order, unless Defendant stipulates otherwise.

Further, the Court orders Plaintiff to pay monetary sanctions in the amount of $464 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.