Judge: Michelle C. Kim, Case: 20STCV22067, Date: 2023-05-08 Tentative Ruling

Case Number: 20STCV22067    Hearing Date: May 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants Edgar Marcos-Bautista and Alvarado Bautista (collectively, “Defendants”) move to compel Plaintiff Magaly Vasquez’s (“Plaintiff”) deposition.  Defendants assert that on August 18, 2022, Defendants noticed Plaintiff’s deposition for September 12, 2022.  (Mot. Exh. A.)  Plaintiff did not response or object to the deposition notice.  On September 12, 2022, defense counsel called Plaintiff’s counsel and was informed that Plaintiff’s deposition was not on their calendar.  On September 13, 2022, Defendants served Plaintiff with a Notice of Continued Deposition providing that Plaintiff’s deposition was being continued to September 28, 2022.  (Mot. Exh. D.)  Defendants also served Plaintiff with a meet and confer letter this same date telling Plaintiff that a motion to compel Plaintiff’s deposition would be filed if Plaintiff failed to appear for Plaintiff’s deposition.  Plaintiff did not object to the notice, nor did Plaintiff respond to Defendants’ attempts to confirm the deposition was going forward.  on September 28, 2022, Plaintiff did not appear for the deposition, and an affidavit of non-appearance was taken.  (Mot. Exh. I.) 

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.

Here, Defendants submit evidence showing they attempted to meet and confer about Plaintiff’s deposition, and that they contacted Plaintiff after Plaintiff failed to appear for the September 28, 2022 deposition to inquire about available dates.  Any opposition to the motion was due by April 25, 2023.  To date, no opposition has been filed. 

The motion to compel is unopposed and granted.  (CCP § 2025.450(a).)  Plaintiff Magaly Vasquez is ordered to appear for deposition at a date, time, and location to be noticed by Defendants.  Defendants must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

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.  Defendants request sanctions of $510.00.  The request is reasonable and supported by defense counsel’s declaration.  (Mot. Coyle Decl. ¶ 15.)  Sanctions are sought and imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally.  They are ordered to pay sanctions to Defendants, by and through counsel of record, in the total amount of $510.00, within twenty (20) days. 

Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 8^th day of May 2023