Judge: Stephen I. Goorvitch, Case: 19STCV35539, Date: 2022-09-27 Tentative Ruling

Case Number: 19STCV35539    Hearing Date: September 27, 2022    Dept: 39

Arnulfo Alvarez v. Crowne Plaza Hotel, et al.

Case No. 19STCV35539

Motion to Compel Plaintiff’s Deposition

            Plaintiff Arnulfo Alvarez (“Plaintiff”) filed this employment case on September 19, 2019 against Defendant Crescent Hotels & Resorts, LLC (“Defendant”), among others.  Defendant moves to compel Plaintiff’s deposition.  On October 18, 2021, Defendant served its first notice of deposition of Plaintiff, which was scheduled for November 16, 2021.  (Declaration of Sawyer C. Stephens, ¶ 4 & Exh. A.)  Plaintiff’s counsel indicated that he was not available but would be in December 2021.  (Id., ¶ 5.)  The next day, Defendant’s counsel sent an email requesting alternative dates, and Plaintiff’s counsel emailed back about three weeks later with tentative dates in January 2022, but he never confirmed any.  (Id., ¶¶ 6-7.)  Defendant’s counsel’s efforts to schedule Plaintiff’s deposition were delayed by Plaintiff not having provided discovery responses.  (See id., ¶¶ 7-9.)  On June 1, 2022, Defendant’s counsel noticed another deposition of Plaintiff, which was set for June 22, 2022.  (Id., ¶ 10 & Exh. E.)  Plaintiff’s counsel objected based upon unavailability.  (Id., ¶ 10.)  In his email, Plaintiff’s counsel requested a date in July 2022.  (Id., Exh. F.)  Defendant’s counsel sent a letter on July 6, 2022, concerning Plaintiff’s deficient discovery responses and requested dates for Plaintiff’s deposition.  (Id., Exh. I.)  Defendant’s counsel received no response.  (Id., ¶ 13.)  Therefore, Defendant’s counsel called Plaintiff’s counsel and left a message on July 14, 2022.  (Ibid.)  Plaintiff’s counsel responded on July 21, 2022, but did not provide dates for the deposition.  (Ibid.)  The Court is aware of Plaintiff’s counsel’s personal emergency, as discussed in his declaration of September 13, 2022, but that occurred in August 2022, after Defendant’s repeated attempts to schedule the deposition and therefore provides no good cause.   

            Based upon the foregoing, the Court orders as follows:

            1.         Defendant’s motion to compel Plaintiff’s deposition is granted.  The deposition shall occur on Friday, October 21, 2022, starting at 9:00 a.m.  If the parties wish to change this date, they must file a stipulation and proposed order.

            2.         Defendant’s request for sanctions against Plaintiff in the amount of $2,410 is granted.  The Court finds that this record reflects discovery abuse warranting sanctions, and that the amount is fair and reasonable under the circumstances.  Therefore, the Court orders Plaintiff to pay Defendant, by and through counsel, a total of $2,410 within thirty (30) days. 

            3.         Defendant’s counsel shall provide notice and file proof of such with the Court.