Judge: Nathan R. Scott, Case: NQR Corp v. Cal Tex Acquisition IV, Date: 2022-09-02 Tentative Ruling

Plaintiff NQR Corp.’s motion to compel is granted.  (See Code Civ. Proc., §§ 1987.1, 1987.2.)

Deponent Toufik Benedictus Hinn shall submit to a deposition on 9/15/22 at 10 am at 114 N. Indian Hill Blvd. Suite. E, Claremont CA 91711 and produce the subpoenaed documents.  The parties and deponent may agree in writing to change the date, time, or location.

Deponent shall pay $3460 in discovery sanctions to plaintiff.

Plaintiff has shown it personally served deponent with the deposition subpoena, yet deponent failed to appear.  (See Evid. Code, § 647; Annigan decl. Exs. 1-2; Schildmeyer

Decl. ¶ 5.)

Deponent has not persuasively rebutted the proof of service with his conclusory declaration of non-receipt.  The detailed Schildmeyer declaration, in contrast, is persuasive.  Nor has deponent shown he resides out-of-state.  There is no evidence of where he resides.  His conclusory denial of California residence is unpersuasive. 

Plaintiff shall give notice.