Judge: Olivia Rosales, Case: 22NWCV00027, Date: 2022-10-13 Tentative Ruling

Case Number: 22NWCV00027    Hearing Date: October 13, 2022    Dept: SEC

QUINTERO v. JIMENEZ

CASE NO.: 22NWCV00027

HEARING:  10/13/22

#3

TENTATIVE RULING

Defendants/Cross-Complainants’ VICTOR M. JIMENEZ and JULIETA M. ROMERO’s unopposed Motion to Compel the Deposition of Plaintiff/Cross-Defendant HILDA M. QUINTERO is GRANTED.

Moving Party to give Notice.

No Opposition filed as of October 11, 2022.  

Trial is currently set for March 22, 2023. Plaintiff/Cross-Defendant HILDA M. QUINTERO is ORDERED to appear for a deposition by no later than 30 calendar days from the date of the issuance of this Order. The date may be extended by agreement of the parties.

A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under §2025.410, fails to appear for examination…the party giving the notice may move for an order compelling the deponent’s attendance and testimony.” (CCP §2025.450(a).)

The unopposed Motion is GRANTED. Defendants are entitled to take Plaintiff’s deposition.

If [the] motion is granted, the court shall impose a monetary sanction…in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP §2025.450(g)(2).)

Reasonable sanctions in favor of the Moving Parties are granted as follows: Plaintiff/Cross-Defendant HILDA M. QUINTERO is ORDERED to pay Moving Parties and their counsel of record reasonable sanctions in the requested amount of $2,610.50 no later than 60 days from the date of the Court’s issuance of this Order. This date may be extended pursuant to agreement of the parties.