Judge: Shirley K. Watkins, Case: LC101022, Date: 2022-09-22 Tentative Ruling

Case Number: LC101022    Hearing Date: September 22, 2022    Dept: T

TENTATIVE RULING

THE COURT FINDS ADMISSIBLE EVIDENCE OF PERSONAL SERVICE ON KIM HOWARD AND PATTI FISHER.  THE MOTIONS TO COMPEL DEPOSITIONS ARE GRANTED.  DEPOSITIONS ARE TO TAKE PLACE BY ZOOM ON 9/29/2022 AT 9:30 A.M. (HOWARD) AND 9/30/2022 AT 9:30 A.M. (FISHER) AND COUNSEL IS TO HAND DELIVER AND MAIL THE ZOOM LINK TO THE ADDRESSES SET FORTH ON THE PAPERS FILED BY THE WITNESSES. WITNESSES ARE TO PRODUCE THE DOCUMENTS REQUESTED IN THE SUBPOENAS BY DELIVERY TO THE ATTORNEY'S OFFICE RECEIVED NO LATER THAN 9/28/2022. 

THE DATES AND TIMES FOR THE DEPOSITIONS MAY BE AMENDED ONLY BY A WRITING FROM COUNSEL FOR MOVING PARTY.

THE COURT NOTES THAT IF, IN FACT, THE WITNESSES WERE WILLING TO COOPERATE, THEN THERE IS NO EXPLANATION FOR THEIR FAILURE TO PUT THEIR PHONE NUMBERS AND EMAIL ADDRESSES ON THEIR PAPERS SO THAT THEY CAN BE CONTACTED, OR THEIR FAILURE TO APPEAR FOR THE ORIGINALLY SCHEDULED DEPOSITIONS.  THE ONLY CONCLUSION IS THAT THEY ARE NOT BEING COOPERATIVE.

MONETARY SANCTIONS IN THE SUM OF $1,000 FOR ATTORNEY FEES AND COSTS AS REASONABLE SANCTIONS FOR REQUIRING THE MOTIONSTO BE FILED AND FAILING TO APPEAR AND PRODUCE DOCUMENTS.  $1,000 PAYABLE BY EACH WITNESS, KIM HOWARD AND PATTI FISHER, TO THE CLIENT TRUST ACCOUNT OF ENENSTEIN PHAM & GLASS, LLP, 650 TOWN CENTER DR. SUITE 840 COSTA MESA CA 92626 BY 10/14/2022.

KIM HOWARD AND PATTI FISHER ARE ADVISED THAT CONTINUED FAILURE TO APPEAR FOR DEPOSITION AND PRODUCE DOCUMENTS MAY RESULT IN ADDITIONAL MONETARY SANCTIONS.  THERE IS NOW A COURT ORDER TO APPEAR AND PRODUCE DOCUMENTS WHICH MUST BE COMPLIED WITH.  FAILURE TO COMPLY WITH COURT ORDERS MAY RESULT IN CIVIL OR CRIMINAL PENALTIES.