Judge: Theodore R. Howard, Case: 21-1219372, Date: 2023-07-20 Tentative Ruling

The unopposed motion by Defendant Hanbit Lee to compel plaintiff Muoi Tran to appear for deposition is GRANTED.

CCP §2025.450(a) provides “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, . . , 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 . . . 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 . . . described in the deposition notice.”

Defendant submits evidence that plaintiff’s deposition was properly noticed for 2/14/23 and that on the day set for the deposition the plaintiff did not appear. (Holdren Decl. at ¶3; Affidavit of Nonappearance att. as Exh. B)  Accordingly, the motion is GRANTED and plaintiff Muoi Tran is ordered to appear for deposition on 8/21/23 at 10:00 a.m. at the law offices of James T. Shott & Associates, 611 Anton Blvd., Suite 900, Costa Mesa, CA  92626.

In addition to the foregoing, the award of sanctions is appropriate.  Defendant submits evidence that he served four prior deposition notices where plaintiff did not appear for deposition.  (See Holdren Decl. at ¶2; copies of prior deposition notices for 10/4/22, 11/18/22, 12/27/22 and 1/17/23 attached as Exh. A.) CCP §2025.450(g)(1) states that if a motion is granted under §2025.450(a), the Court “shall impose a monetary sanction … in favor of the party who noticed the deposition and against the deponent.”  Accordingly, the Court orders plaintiff Muoi Tran to pay sanctions of $432 to defendant Hanbit Lee, through his attorney of record, within 30 days.

Counsel for moving party is ordered to give notice of this ruling.