Judge: Michael Small, Case: 22STCV06624, Date: 2023-08-29 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 22STCV06624    Hearing Date: August 29, 2023    Dept: 57

The Court has exercised its discretion and declined to consider the Plaintiff's quite belated opposition to Defendant's motion to compel the attendance of Plaintiff at his deposition that the Defendant noticed.

The Court is denying the motion to the extent it seeks to compel the attendance of Plaintiff at his deposition.  That request is moot because, as Defendant acknowledges in its reply brief, Plaintiff ultimately did attend his deposition.  That the Plaintiff arrived late to the deposition is neither here nor there for purposes of the request to compel his attendance at the deposition.

The Court also is denying the motion to the extent that Defendant seeks to compel Plaintiff to produce additional documents -- specifically, videos -- that Defendant says are still owed.   The problem is that Defendant's notice of motion did not ask for an order compelling the production of documents.  The motion's caption refers to the production of documents but the notice of motion itself does not.  Nor is this request set forth in the memorandum of points and authorities in support of the motion or in the proposed order submitted with the motion.

The motion is granted to the extent it seeks sanctions against the Plaintiff in the form of attorney's fees that Defendant incurred in connection with the motion.  That Plaintiff ended up attending his deposition does not moot the request for sanctions.   Defendant is entitled to its reasonable attorney's fees incurred in connection with the motion that Defendant had to file to compel the Plaintiff to attend his deposition.   The amount of attorney's fees that Defendant seeks is $2,407.50.  This sum includes four hours of attorney time, at the rate of $245 per hour -- for a total of $980 -- for anticipated time to prepare for the hearing and travel to the hearing from Long Beach.  The Court will address that portion of the request for attorney's fees at the hearing.