Judge: Michael E. Whitaker, Case: 22STCV26684, Date: 2023-01-20 Tentative Ruling

Case Number: 22STCV26684    Hearing Date: January 20, 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

            Respondent Wawanesa General Insurance Company (Respondent) moves to compel the appearance of Claimant John Minasaken (Claimant) for deposition.  Respondent requests monetary sanctions in connection with the motion.  Claimant has not filed an opposition to the motion.

ANALYSIS

The Civil Discovery Act applies in arbitration of uninsured and underinsured motorist coverage claims. (Ins. Code, § 11580.2, subd. (f); see Mallard v. Progressive Choice Insurance Co. (2010) 188 Cal.App.4th 531, 540.)

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 June 6, 2022, Respondent served the Sixth Amended Notice of Taking Deposition of Claimant, noticing the deposition for June 23, 2022.  (Declaration of Carla M. Barcelos-Pettit, ¶ 5, Exhibit D.). However, on June 23, 2022, Claimant failed to appear for his deposition, and Respondent incurred a nonappearance deposition fee.  (Declaration of Carla M. Barcelos-Pettit, ¶ 6, Exhibit E.)  As of the date of filing of this motion, Claimant has not appeared for deposition. 

Respondent seeks monetary sanctions in connection with the motion. The Court finds Claimant’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 Claimant in the amount of $630, which represents three hours of attorney time to prepare the motion and attend the hearing at $190 per hour, plus the motion filing fee of $60.[1]   

CONCLUSION AND ORDER

Therefore, the Court grants Respondent’s motion to compel Claimant to appear for deposition per Code of Civil Procedure section 2025.450, and orders Claimant to appear for deposition within 30 days of notice of the Court’s order, unless Respondent stipulates otherwise.

Further, the Court orders Claimant to pay monetary sanctions in the amount of $630 to Respondent, by and through counsel for Respondent, within 30 days of notice of the Court’s orders.

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