Judge: Robert B. Broadbelt, Case: 21STCV07472, Date: 2023-03-07 Tentative Ruling

Case Number: 21STCV07472    Hearing Date: March 7, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Ali Mohsen Saleh

RESPONDING PARTY:        Unopposed

Motion for Order Compelling Defendants to Appear and Testify at Deposition

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Ali Mohsen Saleh (“Plaintiff”) moves the court for an order (1) compelling defendants CHC Builders, Inc., Abraham Gottlieb (“Gottlieb”), and Zvi Kora (“Kora”) to appear and testify at a deposition to be taken by Plaintiff, and (2) awarding sanctions in favor of Plaintiff and against all defendants in the amount of $2,535.

First, the court denies Plaintiff’s motion as to defendant CHC Builders, Inc. as moot.  On November 16, 2022, the court granted Plaintiff’s motion for terminating sanctions against defendant CHC Builders, Inc., and ordered that its answer to Plaintiff’s Complaint be stricken.  Default was entered against defendant CHC Builders, Inc. on November 16, 2022.  The court therefore denies Plaintiff’s motion as to defaulted defendant CHC Builders, Inc.

Second, the court grants Plaintiff’s motion to compel the depositions of defendants Gottlieb and Kora (collectively, “Defendants”).  (Code Civ. Proc., § 2025.450, subd. (a).)

Plaintiff presents evidence establishing that (1) Plaintiff served Defendants with their deposition notices on April 1, 2022; (2) Defendants did not object to the deposition notices; (3) Defendants’ counsel informed Plaintiff’s counsel, on the day before the scheduled depositions, that Defendants’ counsel was unavailable, causing Plaintiff to cancel the depositions; and (4) Defendants have not provided Plaintiff with alternate dates for their depositions.  (Tokar Decl., ¶¶ 2, 3, 6, 7; Tokar Decl., Ex. B [Notice of Deposition of Gottlieb], Ex. C [Notice of Deposition of Kora].)  Defendants have not filed opposition papers or other evidence with the court establishing that they have appeared for deposition.  The court therefore grants Plaintiff’s motion.

The court grants Plaintiff’s request for monetary sanctions against Defendants.  (Code Civ. Proc., § 2025.450, subd. (g)(1).)  The court finds that $1,460 (4 hours x $350 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendants in connection with this motion.  (Tokar Decl., ¶ 9.)

ORDER

The court denies plaintiff Ali Mohsen Saleh’s motion for order compelling defendants to appear and testify at deposition as to defendant CHC Builders, Inc.

The court grants plaintiff Ali Mohsen Saleh’s motion for order compelling defendants to appear and testify at deposition as to defendants Abraham Gottlieb and Zvi Kora.

The court orders defendant Abraham Gottlieb to attend and testify at a deposition to be taken by plaintiff Ali Mohsen Saleh on _______________, 2023, at 10:00 a.m., to be conducted by a videoconference platform selected by plaintiff Ali Mohsen Saleh.

The court orders defendant Zvi Kora to attend and testify at a deposition to be taken by plaintiff Ali Mohsen Saleh on _______________, 2023, at 10:00 a.m., to be conducted by a videoconference platform selected by plaintiff Ali Mohsen Saleh.

The court orders defendants Abraham Gottlieb and Zvi Kora to pay sanctions to plaintiff Ali Mohsen Saleh in the amount of $1,460 within 30 days of the date of service of this order.

The court orders plaintiff Ali Mohsen Saleh to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 7, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court