Judge Serena R. Murillo, Case 18STCV01156 2022-08-26 Tentative Ruling

Judge: Serena R. Murillo, Case: 18STCV01156, Date: 2022-08-26 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 18STCV01156 Hearing Date: August 26, 2022 Dept: 29

TENTATIVE

Defendants Gateway Security, Inc. and Southwest Airlines Co.’s motion to compel nonparty witness Diamond Bradley to attend deposition is GRANTED. Diamond Bradley is ordered to appear for deposition within 30 days of this order. Defendant’s request for sanctions is GRANTED. Diamond Bradley is ordered to pay Defendants sanctions in the amount of $451.65 within 30 days of this order.

Legal Standard

“Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).)

A subpoena for a deposition of a non-party is enforceable by a motion to compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attendance of a witness . . . the court, upon motion reasonably made … or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (CCP § 1987.1.)

Further, Code of Civil Procedure section 1987.2(a) provides, in relevant part, that, in making an order on a motion to order compliance with a deposition subpoena, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification . . . .” (CCP § 1987.2(a).)

Discussion

Defendants move to compel Diamond Bradley, an independent witness who gave his written statement at the scene of the incident, to appear for his deposition, and they seek sanctions against him. Defendants argue Bradley’s statement reflected that the Plaintiff caught herself and did not fall to the ground. Further, Bradley said she "barely touched the ground" and doubted "she was as hurt as she says she is.” Thus, Defendants have served Bradley with two separate deposition subpoenas for personal appearance and production of any relevant records. Bradley failed to appear for either of these depositions.

On May 17, 2022, Bradley was served with a notice of taking his deposition and demand to produce documents, set for June 7, 2022. (Zygelman Decl. ¶ 3; Exh. 1.) However, Bradley did not appear for deposition and a certificate of nonappearance was obtained. (Id., ¶ 7; Exh. A.)

As Bradley was personally served with a subpoena to appear for deposition, and notice of this motion, but failed to appear, Defendants’ motion is granted. Diamond Bradley is ordered to appear for deposition within 30 days of this order.

As the motion is granted, Defendants’ request for sanctions is also granted, but in a reduced amount due to the simplicity of the motion. Thus, the Court imposes sanctions in the amount of $451.65 (2 hours at $195 per hour, plus $61.65 filing fee).

Conclusion

Accordingly, Defendant’s motion to compel nonparty witness Diamond Bradley to attend deposition is GRANTED. Diamond Bradley is ordered to appear for deposition within 30 days of this order. Defendant’s request for sanctions is GRANTED. Diamond Bradley is ordered to pay Defendants sanctions in the amount of $451.65 within 30 days of this order.

Moving party is ordered to give notice.