Judge: Robert B. Broadbelt, Case: 21STCV34512, Date: 2023-11-09 Tentative Ruling

Case Number: 21STCV34512    Hearing Date: November 9, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc.

RESPONDING PARTY:       Defendant Mondelez Global, LLC

Motion to Compel Deposition of Person Most Qualified and Request for Sanctions

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc. (“Plaintiffs”) move the court for an order (1) compelling the deposition of the person most qualified for defendant Mondelez Global, LLC (“Defendant”), and (2) awarding sanctions in favor of Plaintiffs and against Defendant in the amount of $1,810.

First, the court denies as moot Plaintiffs’ request to compel the deposition of Defendant’s person most qualified because Defendant produced two of its persons most qualified for deposition on May 24, 2023, and August 7, 2023.  (Purcell Decl., ¶¶ 5, 7.)

Second, the court grants Plaintiffs’ request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2025.450, subd. (g)(1); Cal. Rules of Ct., rule 3.1348, subd. (a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though . . . the requested discovery was provided to the moving party after the motion was filed”].)  The court finds that $935 (2.5 hours x $350 hourly rate + $60 filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Lenkov Decl., ¶¶ 12-14.) 

ORDER

The court grants in part plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc.’s motion to compel deposition and for sanctions as follows.

The court denies as moot plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc.’s request to compel the deposition of the person(s) most qualified for defendant Mondelez Global, LLC.

The court grants plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc.’s request for sanctions.  The court orders defendant Mondelez Global, LLC to pay sanctions to plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc. in the amount of $935 within 30 days of the date of this order.

            The court orders plaintiffs The Vons Companies, Inc., Albertsons Companies, Inc., and Safeway, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 9, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court