SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. BACKGROUND 

Defendant Greg Garcia (“Garcia”) moves to compel plaintiff Uri Perez (“Plaintiff”) to appear for his deposition and to pay monetary sanctions.  

On January 19, 2024, Garcia noticed Plaintiff’s deposition for February 1, 2024. Garcia’s counsel enclosed in the letter that Plaintiff is to provide alternative dates if Plaintiff is not available, and that the deposition will not be taken off-calendar absent notification of alternative dates for February 2024. On January 31, 2024, Garcia’s counsel sought to confirm the deposition date, and Plaintiff’s counsel responded by seeking to reschedule. However, no alternative dates were provided, and Plaintiff did not appear for his deposition on February 1, 2024. Garcia avers that Plaintiff has had a history of no less than four occasions of his deposition being taken off-calendar due to the unexplained inability to attend. 

Any opposition was due on or before April 10, 2024; none was filed.  

 

II. MOTION TO COMPEL DEPOSITION 

CCP § 2025.450(a) provides, “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.”  CCP § 2025.450 requires the Court to compel the deposition unless it finds a valid objection was served under §2025.410. 

There is no evidence that Plaintiff served any valid objections to the deposition notices, and Plaintiff did not oppose this motion demonstrating otherwise. Further, there is no evidence that Plaintiff’s deposition has proceeded since the filing of the instant motion.  

Therefore, the unopposed motion to compel is GRANTED. (CCP § 2025.450(a).) Plaintiff is ordered to appear for her deposition at a date, time, and location to be noticed by defendant Garcia, but Garcia must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

 

III. SANCTIONS 

CCP § 2025.450(g)(1) requires the court to impose sanctions unless it finds the deponent acted with substantial justification or there are circumstances that render imposition of sanctions unjust. Garcia requests $1,884.53 in connection with the instant motion.  

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)  

Defendant Garcia is awarded $400 total for the motion and to appear at the hearing as attorney’s fees. Additionally, Garcia is awarded one motion filing fee of $60 and the $624.53 for the court reporter’s certificate of nonappearance, as costs.  

Sanctions are sought and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to defendant Garcia, by and through counsel of record, in the total amount of $1,084.53, within twenty (20) days. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: