Judge: Michelle C. Kim, Case: 21STCV18518, Date: 2024-06-03 Tentative Ruling

Case Number: 21STCV18518    Hearing Date: June 3, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JILLA NOVINBAKHT, 

Plaintiff(s),  

vs. 

 

339 OAKHURST TOWER LLC, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV18518 

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION  

 

Dept. 31 

1:30 p.m.  

June 3, 2024 

 

I. BACKGROUND 

Defendant 339 Oakhurst Tower LLC (“Defendant”) moves to compel plaintiff Jilla Novinbakht (“Plaintiff”) to appear for her deposition and to pay monetary sanctions on the grounds that Plaintiff failed to appear for her noticed deposition despite being served four times. 

In opposition, Plaintiff avers she and her counsel were not available for the dates selected by defense counsel. Plaintiff asserts there was a good faith attempt to reschedule her deposition and to provide defense counsel with her availabilities, but defense counsel stated they would rather have a Court order than reschedule. Plaintiff avers she has since retained new litigation counsel in this matter, who will be presenting her at deposition. Plaintiff’s new litigation counsel assures that Plaintiff will be available for her deposition, and provides seven proposed dates.  

In reply, Defendant asserts that the motion is necessary because Plaintiff still has not appeared for her deposition. 

 

II. MOTION TO COMPEL DEPOSITION 

After considering all the papers, Defendant’s motion to compel Plaintiff’s deposition is GRANTED. (CCP § 2025.450(a).) Plaintiff is ordered to appear for her deposition a date, time, and location to be noticed by Defendant. The parties are ordered to meet and confer on a mutually agreeable date to proceed with the deposition, with the deposition to be completed within the next thirty (30) days. If Plaintiff does not meaningfully participate in the meet and confer discussions, Defendant may unilaterally notice the deposition; however, Defendant must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). 

 

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 31st day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court