Judge: Serena R. Murillo, Case: 21STCV08592, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV08592    Hearing Date: January 18, 2023    Dept: 29

TENTATIVE

Motion to Compel Deposition of Person Most Knowledgeable and Request for Production of Documents and Request for Sanctions filed by Plaintiff Rosa Maria Jojica De Perez is DENIED as MOOT. The request for sanctions is DENIED.

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

Plaintiff noticed the deposition of Defendant’s Person Most Knowledgeable (PMK) for December 9, 2021. (Zeesman Decl., Exh. 1.) Defendant failed to appear necessitating the instant motion. Substantial efforts to coordinate the deposition and accommodate both defendant and Plaintiff’s counsel’s schedules were made. (Id., ¶ 6.) No reasonable dates were provided, and no documents have been produced. (Id., Exh 2.) Plaintiff proceeded with the deposition on December 9, 2021, and received a certificate of non-appearance. (Id. Exh. 3.)

In opposition, Defendant contends that Plaintiff’s counsel failed to meet and confer. In any case, Defendant states that the deposition went forward on September 21, 2022, and as such, the motion is moot.

The Court finds the motion is moot as Defendant’s PMK was produced for deposition on September 21, 2022. Plaintiff has not filed a reply to dispute this.

As for sanctions, CCP section 2023.040 provides: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.” Here, Plaintiff has not identified who she seeks sanctions against. Thus, the request for sanctions is denied.

Conclusion

Accordingly, Plaintiff’s motion to compel the deposition of Defendant’s PMK is DENIED as MOOT. The request for sanctions is DENIED.  

Moving party is ordered to give notice.