Judge: Serena R. Murillo, Case: 20STCV19231, Date: 2022-08-18 Tentative Ruling

Case Number: 20STCV19231    Hearing Date: August 18, 2022    Dept: 29

TENTATIVE 

Defendant Comprehensive Distribution Services, Inc.’s motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Ricardo Gonzales Gutierrez is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Ricardo Gonzales Gutierrez is ordered to pay monetary sanctions in the amount of $350 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 or about September 10, 2021, Defendant served an Amended Notice of Taking Plaintiff’s Deposition set for January 24, 2022, via Zoom. (Hall Decl., Exh. A.) On January 24, 2022, the date of the properly noticed deposition, Plaintiff In-Pro-Per did not appear for his deposition. (Id., ¶ 3.) An attempt was made to contact him the day before to confirm but he did not return the message. (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, Defendant’s request for sanctions is granted. Thus, the Court imposes sanctions against Plaintiff and in favor of Defendant, in the amount of $350 ($175 per hour, for 2 hours) to be paid within 30 days of this order.

Conclusion 

Accordingly, Defendant Comprehensive Distribution Services, Inc.’s motion to compel the deposition of Plaintiff is GRANTED. Plaintiff Ricardo Gonzales Gutierrez is ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Plaintiff Ricardo Gonzales Gutierrez is ordered to pay monetary sanctions in the amount of $350 within 30 days of this order.

Moving party is ordered to give notice.