Judge: Mitchell L. Beckloff, Case: 19STCP05134, Date: 2023-03-08 Tentative Ruling

Case Number: 19STCP05134    Hearing Date: March 8, 2023    Dept: 86

FANGARY v. CITY OF HERMOSA BEACH

Case No. 19STCP05134

Hearing Date: March 8, 2023

[Tentative]       ORDER DENYING MOTION TO COMPEL DEPOSITIONS

[Tentative]       ORDER DENYING GRANTING MONETARY SANCTIONS and SETTING

                             SPECIFIC DATE FOR DEPOSITION

MOTION TO COMPEL

Petitioner’s motion to compel depositions is denied as untimely filed and untimely served. In addition, Petitioner did not engage in a good faith meet and confer prior to filing the motion.

Petitioner filed her motion on February 13, 2023, a court holiday. Pursuant to the court’s May 3, 2019 First Amended General Order, “Any document received electronically on a non-court day, is deemed to have been effectively filed on the next court day if accepted.” Similarly, service upon Respondents on a non-court day, February 13, 2023, is deemed served the next day, February 14, 2023.

Both filing and service of the motion did not comply with Code of Civil Procedure section 1005 (15 court days instead of 16).

Moreover, despite Petitioner’s reliance on email correspondence, Petitioner did not engage in a good faith meet and confer with Respondents prior to filing the motion.

MOTION FOR TERMINATING SANCTIONS

The court requests Petitioner identify where in the evidence presented she offered to be deposed on December 12, 13, 14, 15 or 16.

At the hearing today, the court requests Petitioner provide it with a date for her deposition between now and March 30, 2023 during the week. That is, Monday through Friday.

The court finds a terminating sanction is inappropriate at this time. The court instead finds monetary sanctions appropriate. The amount of monetary sanction to be determined by briefing on the date of trial on the petition.