Judge: Randall J. Sherman, Case: 2018-01009750, Date: 2022-10-28 Tentative Ruling

Defendants Interstate Hotels and Resorts, Inc. and Marriott International, Inc.’s Motion for Order to Compel Ruby Hunter to Attend, Testify at Deposition and Produce for Inspection Documents and Tangible Things Described in the Deposition Notice, and for an Order Imposing Monetary Sanctions Against Plaintiff Ruby Hunter, is granted.  Plaintiff Ruby Hunter is ordered to appear for her deposition on a mutually agreeable date by November 30, 2022 and produce all non-privileged, responsive documents within her possession, custody or control described in the deposition notice served on April 25, 2022.  Defendants’ request for monetary sanctions is granted against plaintiff Ruby Hunter in the amount of $4,200, payable within 30 days.

Despite multiple scheduled and re-scheduled depositions and last-minute cancellations, plaintiff Ruby Hunter still hasn’t appeared and still hasn’t provided defendants with a date certain for her deposition or to produce responsive documents, which defendants contend are necessary for them to adequately prepare a motion for summary judgment.  Good cause exists to compel production of the requested documents.

An award of monetary sanctions to the prevailing party on a motion to compel attendance at a deposition is presumed under CCP §2025.450(c)(1), and that statute fully applies here.  Plaintiff’s position lacks substantial justification, and no other circumstances make the imposition of sanctions unjust, making a sanctions award mandatory under the statute.  Hunter could have appeared for her deposition via Zoom despite any shoulder issues or contagious illnesses, but failed to do so.  Hunter also hasn’t provided any medical documentation supporting her excuses for cancelling the depositions.  The suspension of attorney Victor Luke, who hasn’t represented plaintiff Hunter since at least February 2021, also doesn’t excuse her repeated non-appearances.  Thus, monetary sanctions are warranted.

A Status Conference is also set for today and will go forward.

The moving party defendants are ordered to give notice of the ruling.