Judge: Serena R. Murillo, Case: 21STCV38696, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV38696    Hearing Date: January 18, 2023    Dept: 29

TENTATIVE 

Plaintiff David Hadder’s motion to compel the deposition of Defendants is GRANTED. Defendants Aneudi Bernardino Dominguez Dominguez and Ignacio Rodriguez are ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Defendants Aneudi Bernardino Dominguez Dominguez and Ignacio Rodriguez and counsel of record Shawn Eldridge ordered to pay monetary sanctions in the amount of $560, 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 May 5, 2022, Plaintiff served on Defendants a Notice of Taking Deposition, set to take place on May 25, 2022. (Seuthe Decl., Exh. 1.) Plaintiff made multiple attempts to meet and confer. (Id., Exh. 2.) Plaintiff then re-noticed the depositions on May 18, 2022 with the depositions to take place on June 8, 2022. (Id., Exh. 3.) Defendants again refused to appear and failed to timely object to the deposition notice. (Id., ¶ 6.) Defendant served an untimely objection on June 7, 2022. (Id., Exh. 4.)

As Defendants were properly served with the notice of deposition, did not properly object under CCP section 2025.410, failed to appear, and failed to file an opposition to this motion, the motion to compel Defendants to appear for deposition is GRANTED.  Defendants are 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 Defendants’ depositions is granted, Plaintiff’s request for sanctions is granted, but in a reduced amount due to the simplicity of this motion and because there was no opposition to read and respond to. Thus, the Court imposes sanctions against Defendants and counsel of record Shawn Eldridge, and in favor of Plaintiff, in the amount of $560 ($500 per hour, for 1 hour, plus $60 in filing fees) to be paid within 30 days of this order.

Conclusion 

Accordingly, Plaintiff’s motion to compel the deposition of Defendants is GRANTED. Defendants Aneudi Bernardino Dominguez Dominguez and Ignacio Rodriguez are ordered to appear for deposition within 30 days of this order. The request for sanctions is GRANTED. Defendants Aneudi Bernardino Dominguez Dominguez and Ignacio Rodriguez and counsel of record Shawn Eldridge ordered to pay monetary sanctions in the amount of $560, jointly and severally, within 30 days of this order.

Moving party is ordered to give notice.