Judge: Michael P. Linfield, Case: 22STCV32352, Date: 2024-03-27 Tentative Ruling

Case Number: 22STCV32352    Hearing Date: March 27, 2024    Dept: 34

SUBJECT:        Motion for Order Compelling Plaintiff Kevin Guidry to Appear for Deposition Remotely and for Costs, Including Reasonable Attorneys’ Fees

Moving Party: Defendants Mercury Insurance Company and California Automobile Insurance Company

Resp. Party:    None

SUBJECT:        Motion for Order Compelling Plaintiff Eunice Guidry to Appear for Deposition Remotely and for Costs, Including Reasonable Attorneys’ Fees

Moving Party: Defendants Mercury Insurance Company and California Automobile Insurance Company

Resp. Party:    None

The Motions to Compel Deposition are GRANTED. Plaintiffs shall make themselves available for deposition within fifteen (15) days of the issuance of this Order.

        Monetary sanctions are AWARDED in favor of Moving Defendants and against Plaintiffs and Plaintiffs’ Counsel, jointly and severally, in the total amount of $915.00.

BACKGROUND:

On October 3, 2022, Plaintiffs Eunice Guidry and Kevin Guidry filed their Complaint against Defendants Mercury Insurance Company, California Automobile Insurance Company, AAuto-Home Specialists, Inc., Warren Man-Paen Tan, Susan S. Looi, and Jun “Vincent” Li on causes of action for professional negligence, intentional concealment, and vicarious responsibility.

On January 30, 2023, Defendants Mercury Insurance Company and California Automobile Insurance Company filed their Answer to the Complaint.

On February 9, 2023, Defendants Mercury Insurance Company and California Automobile Insurance Company filed their Amended Answer to the Complaint.

On February 24, 2023, Defendants AAuto-Home Specialists, Inc., Warren Man-Paen Tan, Susan S. Looi, and Vincent Lee filed their Answer to the Complaint.

On February 28, 2024, Defendants Mercury Insurance Company and California Automobile Insurance Company (“Moving Defendants”) filed: (1) Motion for Order Compelling Plaintiff Kevin Guidry to Appear for Deposition Remotely and for Costs, Including Reasonable Attorneys’ Fees; and (2) Motion for Order Compelling Plaintiff Eunice Guidry to Appear for Deposition Remotely and for Costs, Including Reasonable Attorneys’ Fees. (Below, these motions will collectively be called “Motions to Compel Depositions.”)

No oppositions or other responses have been filed regarding the Motions to Compel Depositions.

ANALYSIS:

I.          Legal Standard

“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).)

“If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2025.450, subd. (g).)

II.       Discussion

A.      The Requests for Depositions

Moving Defendants ask the Court to order Plaintiffs to appear for their depositions within fifteen days of the hearing on the Motions to Compel Depositions, without objection. (Motions to Compel Depositions, p. 10:22–24.)

Counsel for Moving Defendants declares that notices for these depositions were initially served on December 1, 2023 for December 21 and 22, 2023, but that the depositions have not yet occurred. (Motions to Compel Depositions, Decl. Bhatia, ¶¶ 8–9, 19.)

        Plaintiffs do not oppose or otherwise respond to the Motions to Compel Depositions.

        Parties to the action have the right to obtain discovery by deposing other parties to the action. (Code Civ. Proc., § 2025.010.) The Court has not been presented with any evidence that would indicate that the depositions have occurred or that there is a sufficient reason for why these depositions have not occurred.

        The Court GRANTS the Motions to Compel Depositions.  Plaintiffs shall make themselves available to sit for a deposition within fifteen (15) days of the issuance of this Order.

B.      The Requests for Monetary Sanctions

Moving Defendants request monetary sanctions against Plaintiffs and Plaintiff’s Counsel. (Motions to Compel Deposition, p. 11:1–4.)

The Court does not have any evidence before it that would indicate Plaintiffs timely made themselves available for depositions. Further, the Court does not have any evidence before it that would indicate there is substantial justification or other circumstances that would make the imposition of a sanction unjust. Thus, the Court must impose a monetary sanction. (Code Civ. Proc., § 2025.450, subd. (g).)

        Moving Defendants request $1,385.00 in monetary sanctions for each of the motions. According to Counsel for Moving Defendants, this accounts for: (1) an hourly rate of $265.00; (2) five hours of work (for each of the motions); and (3) a $60.00 filing fee (for each of the motions). (Motions to Compel Depositions, Decl. Bhatia, ¶ 22.)

        The hourly rate and costs claimed are reasonable, but the number of hours is not. The Motions to Compel Depositions were simple, unopposed, and duplicative. The Court awards a total of three hours of work at the requested hourly rate, plus all of the requested costs.

III.     Conclusion

The Motions to Compel Deposition are GRANTED. Plaintiffs shall make themselves available for deposition within fifteen (15) days of the issuance of this Order.

        Monetary sanctions are AWARDED in favor of Moving Defendants and against Plaintiffs and Plaintiffs’ Counsel, jointly and severally, in the total amount of $915.00.