Judge: Michelle C. Kim, Case: 21STCV11595, Date: 2024-03-21 Tentative Ruling


Case Number: 21STCV11595    Hearing Date: March 21, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MIA ROJAS, by and through her guardian ad litem, YVONNE MONTOYA, 

Plaintiff(s),  

vs. 

 

CARE AMBULANCE,, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV11595 

 

[TENTATIVE] ORDER FINDING PLAINTIFF’S MOTION TO COMPEL DEPOSITION MOOT 

 

Dept. 31 

1:30 p.m.  

March 21, 2024 

 

I. MOTION TO COMPEL DEPOSITION 

Plaintiff Mia Rojas, by and through her guardian ad litem, Yvonne Montoya (“Plaintiff”) filed this motion to compel the deposition of defendant Ryan Williamson (“Williamson”) and requests monetary sanctions. 

The Court, in its discretion, will consider Williamson’s untimely opposition, which was late by just 1 day. Williamson avers the motion is now moot because his deposition was completed on February 7, 2024.  

Plaintiff concedes Williamson’s deposition has since proceeded, but contends sanctions are warranted due to the delays and failure to provide dates after meet and confer efforts.  

Accordingly, the motion is moot, and the Court turns to the issue of sanctions. 

 

II. 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. Both parties request monetary sanctions. The Court finds sanctions warranted here. Plaintiff seeks sanctions in the amount of $1,500 for the motion, reply, hearing, and motion filing fee in the moving papers. The Court will not consider the substantial leap in the amount requested in the reply.   

Sanctions are imposed against Williamson and his counsel, jointly and severally. Williamson and/or his counsel are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $1,500, within twenty (20) days.  

 

Moving party is 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 20th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court