Judge: Stephen P. Pfahler, Case: 21CHCV00831, Date: 2023-02-16 Tentative Ruling

Case Number: 21CHCV00831    Hearing Date: February 16, 2023    Dept: F49

Dept. F-49

Date: 2-16-23 c/f 12-13-22

Case #21CHCV00831

Trial Date: Not Set

DEPOSITION

MOVING PARTY: Plaintiff, Mother Theresa’s Home Health Care Services

RESPONDING PARTY: Unopposed/Defendants, Francia Saligumba

RELIEF REQUESTED

Motion to Compel the Deposition Defendant Francia Saligumba

SUMMARY OF ACTION

On May 26, 2021, plaintiff Mother Theresa’s Home Health Care Services entered into a contract with defendants Francia Saligumba and Ultimate Home Health Care Services, Inc. for certain services associated with business operations. Plaintiff paid $28,000, but alleges limited to no services were performed.

On October 25, 2021, Plaintiff filed a complaint for Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, Unjust Enrichment, and Unfair Business Practices. Ultimate Home Health Care Services, Inc. and Francia Saligumba answered the complaint on December 17, 2021. On December 22, 2021, Saligumba filed a cross-complaint against Mother Theresa’s Home Health Care Services and Kristina Kasabyan for Unfair Business Practices, Defamation, and Intentional Infliction of Emotional Distress.

RULING: Granted.

Plaintiff Mother Theresa’s Home Health Care Services moves to compel the deposition of defendant Francia Saligumba. The motion is unopposed. The court electronic filing system shows no reply at the time of the tentative ruling publication cutoff.

A party may file a motion to compel deposition upon a non-appearance of the noticed party. “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, or to proceed with it … the party giving the notice may move for an order compelling the deponent's attendance and testimony…” (Code Civ. Proc., §2025.450, subd. (a).) A party must object to a deposition no less than three calendar days before deposition date. (Code Civ. Proc., §2025.410, subd. (b).)

The motion lacks an actual copy of any notice of deposition or certificate of non-appearance. The motion includes a declaration regarding the meet and confer efforts to reschedule the deposition after the first non-timely cancellation. The deponent failed to appear to the newly agreed upon date. [Declaration of Monika Zadori.] (Code Civ. Proc., § 2025.450, subd. (b).) The court finds the unopposed motion sufficiently complies with all procedural requirements. The motion is granted.

The court orders to meet and confer on a new deposition within 10 days of this order, with the deposition to be completed no later than 30 days from the date of this order. If the parties are unable to agree and/or the deponent fails to appear again after the setting of the date, Plaintiff may unilaterally pick a date, attempt to conduct the deposition, and take a subsequent notice of non-appearance, if applicable. Any subsequent non-appearance may constitute grounds for an evidentiary, issue or even terminating sanction. (Code Civ. Proc., §2025.450, subd. (h).)

Given the prior non-appearances, the court additionally grants the motion in order to compensate Plaintiffs for the prior non-appearances. Sanctions in the amount of $500, in order to cover any potential expenses associated with the deposition itself and the motion. (Code Civ. Proc., §2025.450, subd. (g).) Sanctions entered against Francia Saligumba and counsel of record joint and severally. Payable within 30 days.

OSC re: Sanctions for Failure to Obtain a Default Judgment set for March 28, 2023.

Plaintiff to provide notice.