Judge: Serena R. Murillo, Case: 19STCV11318, Date: 2022-09-28 Tentative Ruling

Case Number: 19STCV11318    Hearing Date: September 28, 2022    Dept: 29

Delia Natividad Bucio Guzman v. Laura Ramirez, et al.

Wednesday, September 28, 2022 

Motion to Compel Attendance at Deposition and Request for Sanctions filed by Defendant Laura Ramirez

TENTATIVE 

Defendants’ motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Delia Natividad Bucio Guzman is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Delia Natividad Bucio Guzman and counsel of record Raymond Ghermezian are ordered to pay monetary sanctions in the amount of $753.09, jointly and severally, within 30 days of this order.

Legal Standard 

Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.)

Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).)

CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . described in the deposition notice, 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 . . . described in the deposition notice.”  (Code Civ. Proc., § 2025.450(a).) 

CCP section¿2025.450(b) provides:¿“A motion under subdivision (a)… shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”¿ (Id., § 2025.450(b).) 

Discussion 

On February 7, 2022, Defendants served a Notice of Continuance of Taking Plaintiff’s Deposition for March 31, 2022. (Lee Decl., Exh. D.) On March 29, 2022, when co-defendant’s counsel requested plaintiff’s counsel to confirm the deposition, plaintiff’s counsel responded, “matter is not confirmed...We recently doed in a new entity.” (Id., Exh. E.) The deposition had been taken off calendar twice before, primarily due to plaintiff’s failure to respond to written discovery and other pertinent factors. Thus, on March 30, 2022, Defendants advised plaintiff’s counsel that the deposition would proceed as scheduled, and if plaintiff failed to appear and testify, defendants would move to compel. (Id., ¶¶ 7-10; Exh. F.) Plaintiff nor her counsel appeared for the March 31, 2022 deposition. (Id., ¶ 11; Exh. G-H.) To date, defendants have not been able depose the plaintiff and have not received any communication from plaintiff as to her intentions to appear and testify at deposition. (Id., ¶ 12.)

As Plaintiff was properly served with the notice of deposition, did not object under CCP section 2025.410, failed to appear, and failed to file an opposition to this motion, the motion to compel Plaintiff to appear for deposition is GRANTED.  Plaintiff is ordered to appear for deposition within 30 days of this order.

Sanctions

If a motion under CCP section¿2025.450(a) is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (CCP section¿2025.450(g)(1).)

As the motion to compel Plaintiff’s deposition is granted, and Plaintiff has not filed an opposition to explain any basis in failing to appear, Defendant’s request for sanctions is granted. Thus, the Court imposes sanctions against Plaintiff Delia Natividad Bucio Guzman, and counsel of record Raymond Ghermezian, in the amount of $753.09 ($160.17 per hour, for 2 hours, $372.75 in court reporter fees, and $60 in filing fees), jointly and severally, to be paid within 30 days of this order

Conclusion 

Accordingly, Defendants’ motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Delia Natividad Bucio Guzman is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Delia Natividad Bucio Guzman and counsel of record Raymond Ghermezian are ordered to pay monetary sanctions in the amount of $753.09, jointly and severally, within 30 days of this order.

Moving party is ordered to give notice.