Judge: Robert B. Broadbelt, Case: 22STCV26004, Date: 2024-11-26 Tentative Ruling

Case Number: 22STCV26004    Hearing Date: November 26, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Department of Motor Vehicles

RESPONDING PARTY:       Unopposed

Motion to Compel Plaintiff’s Deposition and for Sanctions

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

DISCUSSION

Defendant Department of Motor Vehicles (“Defendant”) moves the court for an order   (1) compelling plaintiff Ana Gomez (“Plaintiff”) to appear for and testify at a deposition to be taken by counsel for Defendant, and (2) awarding monetary sanctions in favor of Defendant and against Plaintiff in the amount of $5,199.85.

“If, after service of a deposition notice, a party to the action . . . , without having a valid objection under Section 2025.410, fails to appear for examination . . . , the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  (Code Civ. Proc., § 2025.450, subd. (a).)

The court finds that Defendant has shown that (1) Defendant served various notices of deposition on Plaintiff, including on April 5, 2024, to which Plaintiff did not serve objections, and (2) Plaintiff did not effectively appear for her noticed deposition on April 17, 2024.  (Fong Decl., ¶¶ 3, 4, 6, 7 [on April 17, 2024, “Plaintiff appeared remotely [for deposition] for approximately 3-5 minutes and then the screen went blank on Plaintiff’s feed[;]” Plaintiff thereafter informed Defendant’s counsel that she was charging her phone; and Plaintiff did not return to the deposition], 8-9; Fong Decl., Exs. A [Notice of Deposition for October 17 and 18, 2023], B [Notice of Deposition for March 4-6, 2024], E [Notice of Deposition for April 17 and 18, 2024].)  Defendant has also shown that it has attempted to communicate with Plaintiff regarding her availability and suggested dates to take her deposition, to which Plaintiff has not adequately responded.  (Fong Decl., ¶¶ 8-9.)

The court therefore grants Defendant’s motion to compel Plaintiff to appear for and testify at deposition.  (Code Civ. Proc., § 2025.450, subd. (a).)  

The court grants Defendant’s request for monetary sanctions against Plaintiff.  (Code Civ. Proc., § 2025.450, subd. (g)(1).)  The court finds that $3,603.85 ((5 hours x Fong’s $228 hourly rate) + $2,463.85 in deposition costs) is a reasonable amount of sanctions to impose against Plaintiff in connection with this motion.  (Fong Decl., ¶¶ 10-11; Fong Decl., Ex. I, pp. 1 [Veritext Invoice for April 17, 2024 in the amount of $1,037.80], 3 [Veritext Invoice for April 18, 2024 in the amount of $718.55], 6 [Veritext Invoice for April 17, 2024 in the amount of $707.50].)

ORDER

            The court grants defendant Department of Motor Vehicle’s motion to compel plaintiff’s deposition and for sanctions as follows.

            The court orders plaintiff Ana Gomez to appear for and testify at a deposition to be taken by counsel for defendant Department of Motor Vehicles, at 300 South Spring Street, Suite 1702, Los Angeles, California, 90013, on ___________________________, 2024, at 10:00 a.m.

            The court orders plaintiff Ana Gomez to pay monetary sanctions to defendant Department of Motor Vehicles in the amount of $3,603.85 within 30 days of the date of service of this order.

            The court orders defendant Department of Motor Vehicles to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 26, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court