Judge: Richard Y. Lee, Case: 30-2020-01133130, Date: 2022-10-20 Tentative Ruling

Defendants Fred Edward Siegel and Siegel Living Trust’s (“Defendants”) unopposed Motion to Compel the Deposition of Dr. Nicholas Kambourakis is GRANTED.

Here, Dr. Nicholas Kambourakis was to appear for his deposition on May 26, 2022.  Based on this date, the present motion was to be filed by July 25, 2022.  Thus, the motion was timely filed and served on Plaintiff on July 19, 2022 and personally served on third party witness/deponent Dr. Nicholas Kambourakis on July 21, 2022.  Pursuant to California Rules of Court, rule 3.1346, the moving papers were personally served on third-party witness Dr. Nicholas Kambourakis on July 21, 2022.  (ROA # 83.)

Defendants’ attempted meet and confer efforts prior to filing the motion are sufficient under Code of Civil Procedure sections 2016.040 and 2025.480.  Moreover, Defendants submitted the requisite separate statement pursuant to California Rules of Court, rule 3.1345(a). 

Based on the evidence presented, Dr. Nicholas Kambourakis’ deposition testimony appears relevant as he provided chiropractic treatment to Plaintiff for his alleged injuries relating the incident at issue in this case.  Similarly, the documents requested also appear relevant as they seek information related to Plaintiff’s treatment with Dr. Nicholas Kambourakis.

Plaintiff and Dr. Nicholas Kambourakis both failed to oppose the Motion to Compel the Deposition of Dr. Nicholas Kambourakis.  Their failure to oppose the motion may be treated as an abandonment of any opposition to the issues raised in the moving papers.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)  As such, the motion is GRANTED in its entirety.

The deposition of Dr. Nicholas Kambourakis shall take place within 30 days of the notice of motion and the documents in the related requests for production must be produced at the deposition.

While the court would ordinarily impose sanctions, moving party failed to request any specific amount of sanctions.  Accordingly, notice is defective and sanctions are DENIED.

Moving party to give notice.