Judge: Serena R. Murillo, Case: 19STCV19943, Date: 2022-08-15 Tentative Ruling

Case Number: 19STCV19943    Hearing Date: August 15, 2022    Dept: 29

TENTATIVE 

Defendants Teodocio Borja Mendoza and Anthony Torres Demolition Corporation’s motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Tamara Abdelgainy is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Tamara Abdelgainy and counsel of record Andy Basseri are ordered to pay monetary sanctions in the amount of $117, 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 November 18, 2021, Defendants served on Plaintiff a Notice of Taking Deposition, set to take place on December 2, 2021. (Lal Decl. Exh. A.) On December 2, 2021, Plaintiff failed to appear for her deposition. (Lal Dec. ¶ 3.) Defendants then served another deposition notice for Plaintiff scheduled for January 31, 2022. (Lal Decl. Exh. B.) However, Plaintiff’s counsel informed defense counsel three days prior that she could not appear. (Lal Decl. ¶ 5.) Defendants’ counsel then sent a meet and confer email on January 28, 2022, requesting new dates for Plaintiff’s deposition. (Lal Decl. Exh. C.) Plaintiff’s counsel responded that June 22, 2022 would be the only available date. (Id.) Defense counsel thereafter requested dates in February of 2022. (Id.)

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, Defendants’ request for sanctions is granted. Thus, the Court imposes sanctions against Plaintiff and counsel of record Andy Basseri, and in favor of Defendants, in the amount of $117 ($117 per hour, for 1 hour) to be paid within 30 days of this order.

Conclusion 

Accordingly, Defendants’ motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Tamara Abdelgainy is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Tamara Abdelgainy and counsel of record Andy Basseri are ordered to pay monetary sanctions in the amount of $117, jointly and severally, within 30 days of this order.

Moving party is ordered to give notice.