Judge: Stephanie M. Bowick, Case: 21STCV23846, Date: 2024-03-13 Tentative Ruling
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Case Number: 21STCV23846 Hearing Date: March 13, 2024 Dept: 19
Plaintiffs' unopposed Motion to Compel Defendant Dr. Bharat V. Merai's Deposition And Production of Documents is GRANTED.
Since the record reflects that Plaintiffs were able to successfully depose Dr. Merai on March 11, 2024, the Court only grants the request for monetary sanctions in the reduced amount of $4,334.21 against Attorney Frank A. Weiser and Dr. Bharat V. Merai, jointly and severally, for reasonable expenses and costs incurred by Plaintiffs for Defendant's failure to appear for deposition as noticed, requiring the filing of the instant motion, and including the cost for the transcript of non-appearance from the court reporter. The Court finds that Defendant's failure to timely appear for deposition or reasonably contact Plaintiff's' counsel to reschedule the date and time of the properly noticed deposition is an abuse of the discovery process. (Code of Civ. Proc. sections 128; 2023.010(d) and 2023.010(i); 2023.030(a).) Monetary sanctions are to be paid by Defendant and counsel for Defendant within thirty (30) days through counsel for record for Plaintiffs.
The sanctions requested are reduced, as there was no written opposition and Dr. Merai has now appeared for deposition.
Order signed this date.
Moving parties to give notice.