Judge: Robert B. Broadbelt, Case: 24STCP00317, Date: 2025-03-20 Tentative Ruling

Case Number: 24STCP00317    Hearing Date: March 20, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Petitioner Wawanesa General Insurance Company  

RESPONDING PARTY:       Non-party Jack Dermirchian, D.C.

Motion to Compel Non-Party Witness to Comply with Deposition Subpoena and Request for Sanctions

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

Although non-party Jack Dermirchian, D.C. filed his opposition on March 11, 2025 (i.e., seven court days before the March 20, 2025 hearing), the proof of service attached to his opposition states that he served it by email on petitioner’s counsel on March 7, 2025 (i.e., nine court days before the hearing).  The court therefore exercises its discretion to consider the opposition.

Although petitioner’s reply was filed and served by email on non-party Jack Dermirchian, D.C.’s counsel on March 17, 2025 (i.e., three court days before the March 20, 2025 hearing), the court exercises its discretion to consider the reply because petitioner’s counsel has stated that they did not become aware of the opposition until sometime after it was served and filed.

DISCUSSION

Petitioner Wawanesa General Insurance Company (“Petitioner”) moves the court for an order (1) compelling non-party Jack Dermirchian, D.C. (“Dr. Dermirchian”) to comply with Petitioner’s Amended Deposition Subpoena for Personal Appearance and the Production of Documents and Things, and (2) awarding monetary sanctions in favor of Petitioner and against Dr. Dermirchian in the amount of $2,220.

Dr. Dermirchian has filed an opposition to Petitioner’s motion, contending that he “at all times agreed to sit for a deposition.”  (Opp., p. 1:27-28.)  Dr. Dermirchian has not argued that he should not be compelled to appear for deposition or to produce the documents specified in the subpoena.  The court therefore grants Petitioner’s motion to compel Dr. Dermirchian to attend, testify, and produce documents at a deposition to be taken by counsel for Petitioner.  (Code Civ. Proc., § 2025.480, subd. (a).)

The court grants Petitioner’s request for sanctions.  (Code Civ. Proc., § 2025.480, subd. (j).)  The court finds that $900 ((3.5 hours x $240 hourly rate) + $60 filing fee) is a reasonable amount of sanctions to impose against Dr. Dermirchian in connection with this motion.  (Auchard Decl., ¶¶ 19-21.)

ORDER

            The court grants petitioner Wawanesa General Insurance Company’s motion to compel non-party witness to comply with deposition subpoena and request for sanctions as follows.

            The court orders Jack Dermirchian, D.C. (1) to attend and testify at a deposition to be taken by counsel for petitioner Wawanesa General Insurance Company on __________________________, 2025, at 11:00 a.m., at Colman Perkins Law Group, 500 North Brand, Suite 2200, Glendale, California, 91203, (2) to produce at the deposition the documents specified in Attachment 3 to the Amended Deposition Subpoena for Personal Appearance and Production of Documents and Things, and (3) to pay monetary sanctions to petitioner Wawanesa General Insurance Company in the amount of $900 within 30 days of the date of this order.

            The court orders petitioner Wawanesa General Insurance Company to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 20, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court