SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Defendant Dirk Kuiken (“Defendant”) moves to compel the deposition of Plaintiff Vanderlyn Parker (“Plaintiff”).  Defendant initially noticed Plaintiff’s deposition for August 19, 2022 and October 4, 2022, and January 10, 2023. The depositions were cancelled by Plaintiff’s counsel, and after confirming with Plaintiff’s counsel, the deposition was scheduled for February 9, 2023 as the agreed upon date. (Mot. Exh. F.) However, Plaintiff failed to appear for the deposition, and Defendant obtained a certificate of non-appearance. Any opposition was due on or before August 25, 2023. No opposition has been filed.  

 

II. Motion to Compel 

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. 

Plaintiff did not oppose this motion and there is no evidence that Plaintiff served valid objections. There is no dispute that Plaintiff did not appear for the deposition, or any evidence that the deposition has proceeded since the filing of the instant motion.  

Therefore, the motion to compel is GRANTED.  (CCP § 2025.450(a).)  Plaintiff is ordered to appear for deposition at a date, time, and location to be noticed by Defendant.  Defendant 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. Defendant requests sanctions of $1,010. The Court awards one hour for preparing the motion and one hour for appearing at the hearing all at the requested rate of $175 per hour, for a total attorney’s fees award of $350.  Further, Defendant is awarded the $60 motion filing fee and $250 for the certificate of non-appearance, as costs for a total award of $310.   

 

Sanctions are imposed against Plaintiff and/or Plaintiff’s counsel, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $660, within twenty (20) days. 

 

Defendant is ordered to give notice.