Judge: Steven A. Ellis, Case: 20STCV04571, Date: 2024-05-03 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV04571    Hearing Date: May 3, 2024    Dept: 29

Defendants’ Motion to Compel deposition of Plaintiff Eddie Baker

Tentative

The motion is granted.

Background

On February 4, 2020, Eddie Baker, Eddie Baker, Jr., and Erin Baker filed a complaint against Humberto Antonio Ramirez and Eugenio Sanchez-Ramirez (collectively “Defendants”) for negligence arising out of motor vehicle incident occurring on February 8, 2018. 

Defendants filed their answer on December 5, 2022.  On the same day, Defendants filed a cross-complaint against Eddie Baker and Roes 1 through 10.  Defendants filed a request for dismissal of the cross-complaint on January 8, 2024. 

As it relates to the matter set for hearing on May 3, Defendants noticed the deposition of Plaintiff Eddie Baker for March 8, 2024.  (Gonzalez Decl., ¶ 4 & Exh. D.)  Plaintiff did not serve any objection.  (Id., ¶ 4.)  Plaintiff did not appear for the noticed deposition.  (Id., ¶ 7 & Exh. G.)  Defendants inquired about the non-appearance and received no response.  (Id., ¶¶ 8-9 & Exh. H.)

On March 25, 2024, Defendants filed and served this motion to compel the deposition of Plaintiff Eddie Baker.  Defendants also seek sanctions.  No opposition has been filed.

Legal Standard

“Any party may obtain discovery … by taking in California the oral deposition of any person, including any party to the action.”  (Code Civ. Proc., § 2025.010.)  Code of Civil Procedure sections 2025.210 through 2025.280 provide the requirements for (among other things) what must be included in a deposition notice, when and where depositions may be taken, and how and when the notice must be served. 

“The service of a deposition notice … is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.”  (Id., § 2025.280, subd. (a).)

Section 2025.410, subdivision (a), requires any party to serve a written objection at least three days before the deposition if the party contends that a deposition notice does not comply with the provisions of sections 2025.210 through 2025.280.

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  (Code Civ. Proc., § 2025.450, subd. (a).)  Any such motion to compel must show good cause for the production of documents and, when a deponent has failed to appear, the motion must be accompanied “by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”  (Id., subd. (b).) 

When a motion to compel is granted, “the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Id., § 2025.450, subd. (g)(1).) 

In Chapter 7 of the Civil Discovery Act, section 2023.010, subdivision (d), defines “[m]isuses of the discovery process” to include “[f]ailing to respond to or to submit to an authorized method of discovery.”  Where a party or attorney has engaged in misuse of the discovery process, the court may impose a monetary sanction in the amount of “the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”  (Id., § 2023.030, subd. (a).)

Discussion

Defendants seek an order compelling Plaintiff Eddie Baker to appear for deposition and to produce documents.

On February 13, 2024, Defendants noticed the deposition of Plaintiff for March 8, 2024.  (Gonzalez Decl., ¶ 4 & Exh. D.)  Plaintiff did not serve an objection.  (Id., ¶ 4.)  Plaintiff did not appear.  (Id., ¶ 7 & Exh. G.)  Defendants inquired about the non-appearance and received no response.  (Id., ¶¶ 8-9 & Exh. H.)

Plaintiff Eddie Baker has not filed any opposition to the motion.

Defendants need not show anything more.  Plaintiff Eddie Baker did not appear for a properly noticed deposition, did not object, and did not oppose the motion.  Defendants have shown good cause for production of the requested documents.

Accordingly, the motion to compel is GRANTED.

The Court also GRANTS in part Defendants’ request for sanctions.  The Court is granting the motion to compel; the conduct of Plaintiff and counsel in essentially ignoring the notice of deposition is not substantially justified, and the imposition of sanctions would not be unjust.  (Code Civ. Proc., § 2025.450, subd. (g)(1).) 

The Court sets sanctions in the amount of $705, calculated based on two hours of attorney time, multiplied by counsel’s reasonable billable rate of $150 per hour, plus costs of a $345 fee for the court reporter on the date of the non-appearance and a $60 filing fee.  (See Gonzalez Decl., ¶¶ 10-12 & Exh. I.)

Conclusion

The Court GRANTS Defendants’ motion to compel the deposition.

The Court ORDERS Plaintiff Eddie Baker to appear for his deposition, produce the requested documents, and answer questions under oath, on May __, 2024, at 10:00 am, through a virtual appearance, with a link to be provided by Defendants’ counsel.

The Court ORDERS Plaintiff Eddie Baker and counsel of record Hesam Yazdanpanah of the Law Offices of D. Hess Panah & Associates, jointly and severally, to pay monetary sanctions under the Civil Discovery Act in the amount of $705 within 30 days of notice.

Moving party is ORDERED to give notice.