Judge Serena R. Murillo, Case 20STCV17953 2023-01-19 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV17953, Date: 2023-01-19 Tentative Ruling

Case Number: 20STCV17953 Hearing Date: January 19, 2023 Dept: 29

TENTATIVE

Plaintiff Linda Ernest’s motion to compel the deposition of Defendant’s PMK is GRANTED. Defendant is ordered to produce its PMK for deposition within 30 days of this order. Plaintiff’s request for sanctions is GRANTED. Defendant and its counsel of record are ordered to pay sanctions in the amount of $460, jointly and severally, within 30 days of this order.

Legal Standard

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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.” (CCP § 2025.450(a).) This motion shall set forth specific facts showing good cause justifying the production for inspection of any document described in the deposition notice. (CCP § 2025.450(b).) The motion 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.

If this motion 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 § 2025.450(g)(1).)

Discussion

On June 15, 2020, Plaintiff served a notice of taking deposition of Defendant’s Person Most Knowledgeable (PMK) and request for production of documents. The deposition was set for August 27, 2020. Defendant served objections on August 19, 2020, stating that the deposition was unilaterally noticed and Defendant would meet and confer to coordinate mutually agreeable dates, but made no effort to provide any dates. (Ghermezian Decl., ¶ 2; Exh. A.) On June 28, 2021, Plaintiff served a second notice of taking deposition of Defendant’s PMK for July 14, 2021. (Id., Exh. B.) Defendant sent the same objections, and also objected on the basis that the requests are vague, ambiguous, and overbroad. (Id.) On July 7, 2021, Plaintiff, in an attempt to meet and confer, emailed defense counsel asking for dates for deposition. To date, no dates for deposition have been provided. (Exhs. E-F.)

Defendant has the burden of justifying its objections to the deposition notice. (See Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) However, Defendant has not filed an opposition and has not provided any basis for its objections.

As such, Plaintiff has demonstrated proper service of the deposition notices on Defendant, and Defendant’s failure to appear at the deposition. Moreover, Defendant has not met its burden of justifying the objections. Accordingly, Plaintiff’s motion to compel Defendant to appear for a PMK deposition is GRANTED.

As for sanctions, because the motion is granted and Defendant has not provided any justification for failing to produce its PMK, the request for sanctions is granted, but in a reduced amount due to the simplicity of the motion and because there was no opposition to review and respond to. Thus, Defendant and its counsel of record are ordered to pay sanctions in the amount of $460 ($400 per hour for 1 hour, plus $60 filing fee), jointly and severally, within 30 days of this order.

Conclusion

Accordingly, Plaintiff’s motion to compel the deposition of Defendant’s PMK is GRANTED. Defendant is ordered to produce its PMK for deposition within 30 days of this order. Plaintiff’s request for sanctions is GRANTED. Defendant and its counsel of record are ordered to pay sanctions in the amount of $460, jointly and severally, within 30 days of this order.

Moving party is ordered to give notice.