Judge: Stephen I. Goorvitch, Case: 21STCV43727, Date: 2023-08-07 Tentative Ruling

Case Number: 21STCV43727    Hearing Date: August 7, 2023    Dept: 39

Silver Genesis, Inc. v. Victor Nguyen, Inc., et al.

Case No. 21STCV43727

Motion to Compel Deposition

            Plaintiff Silver Genesis, Inc. (“Plaintiff”) moves to compel the deposition of Viet Victor Nguyen (“Defendant”) and to compel him to produce documents responsive to the deposition notice.  Plaintiff initially noticed this deposition for April 21, 2023, seeking to take Defendant’s deposition in his capacity both as an individual defendant and as the Person Most Qualified for Victor Nguyen, Inc., dba “Allways Nails” (the “entity defendant”).  At Defendant’s request, Plaintiff’s counsel agreed to reschedule the deposition, but Defendant never provided a date certain.  Plaintiff’s counsel then noticed the deposition for June 27, 2023, given that the trial date is September 12, 2023.  Defendant did not object to the deposition date, but he did not appear for his deposition.  However, Defendant’s counsel indicated that he would be withdrawing from this case, and that Defendant would be representing himself.  Plaintiff filed an ex parte application to advance the hearing on this motion to a date before the trial date.  The Court (Killefer, J.) granted the ex parte application and set the hearing on the motion for August 7, 2023.   

            A party to an action must submit to a deposition, and the record reflects no good cause for Defendant’s failure to do so.  Therefore, the Court grants the motion and orders Defendant Viet Victor Nguyen to sit for a deposition on August 25, 2023, at 9:00 a.m. at Plaintiff’s counsel’s office—18575 Jamboree Road, 9th Floor, Irvine, California 92612—unless the parties stipulate to change the date, time, and/or location of the deposition.  The Court also orders Defendant to bring all documents over which he has possession, custody, or control referenced in the deposition notice to the deposition. 

The Court issues an Order to Show Cause why the Court should not strike Defendants’ answer based upon Defendant’s failure to sit for this deposition, per Code of Civil Procedure section 2023.030.  The hearing shall be held on September 1, 2023, at 8:30 a.m. at the following location:

Stanley Mosk Courthouse

111 North Hill Street

Department #39 (Goorvitch, J.)

Los Angeles, California 90012

The parties may appear remotely or in-person.  The Court orders Plaintiff’s counsel to file a declaration on or before August 28, 2023, concerning the status of Defendant’s deposition.  Defendants may file a response on or before August 28, 2023.  The Court provides notice: If Defendant does not comply with this order—i.e., if Defendant does not sit for a deposition and produce the documents referenced in the deposition notice—absent good cause, the Court will strike the answer of both defendants, which would permit Plaintiff to seek entry of default and default judgment.

            Plaintiff’s counsel requests sanctions in the amount of $5,190.  The Court continues the motion as it relates to the request for sanctions to September 1, 2023, at 8:30 a.m.  The Court previously ordered the parties to prepare and file joint trial documents five court days before the final status conference, which would be August 25, 2023.  The Court continues the deadline to August 28, 2023, to accommodate Defendant’s deposition.  The Court provides notice: If Defendants do not participate in the preparation and filing of joint trial documents, absent good cause, the Court will order that Defendants may not call any witnesses (except themselves) and may not introduce any exhibits (except those subject to judicial notice). 

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

1.         The Court grants Plaintiff’s motion and orders Viet Victor Nguyen to sit for a deposition on August 25, 2023, at 9:00 a.m. at Plaintiff’s counsel’s office—18575 Jamboree Road, 9th Floor, Irvine, California 92612—unless the parties stipulate to change the date, time, and/or location of the deposition.  The Court also orders Defendant to bring all documents over which he has possession, custody, or control referenced in the deposition notice to the deposition. 

2.         Plaintiff’s counsel shall file a declaration on or before August 28, 2023, concerning the status of this deposition.

3.         The Court continues the deadline for the parties to prepare and file joint trial documents to August 28, 2023.

4.         The Court issues an Order to Show Cause why Defendants’ answer should not be stricken due to Defendant’s failure to submit to the deposition.  The OSC hearing shall be held on September 1, 2023, at 8:30 a.m.  The Court provides notice: If Viet Victor Nguyen does not comply with the Court’s order, absent good cause, the Court will strike both defendants’ answer, which would permit Plaintiff to seek entry of default and default judgment.

5.         The Court continues the hearing on this motion as it relates to sanctions to September 1, 2023, at 8:30 a.m.

6.         The Court advances the final status conference from September 1, 2023, at 9:30 a.m., to September 1, 2023, at 8:30 a.m.

7.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.