Judge: Thomas D. Long, Case: 21STCV33388, Date: 2023-08-15 Tentative Ruling

Case Number: 21STCV33388    Hearing Date: January 2, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 19, 2023, Defendants Rebeka Shadpour, Wealth Road Inc., and Jason Shadpour served a notice of deposition on Plaintiff Elana Malekan via her counsel’s mail and email.  (Zadeh Decl. ¶ 2 & Ex. 1; see Zadeh Decl. ¶ 6 & Ex. 2.)  Plaintiff did not object or move for a protective order.  (Zadeh Decl. ¶ 5.)  Plaintiff did not appear for her August 8, 2023 deposition.  (Zadeh Decl. ¶ 7.)  When Defendants’ counsel contacted Plaintiff’s counsel about the non-appearance, they told Defendants that they were not aware of the deposition and Plaintiff would not be appearing.  (Zadeh Decl. ¶ 7 & Ex. 3.)

On December 7, 2023, Defendants filed a motion to compel Plaintiff’s deposition.

If a party to the action fails to appear for examination without making a proper objection, the party noticing the deposition may move to compel the deponent’s attendance and testimony.  (Code Civ. Proc., § 20205.450, subd. (a).)

Plaintiff did not appear for her August 8, 2023 deposition and did not serve objections.  Plaintiff also did not file any opposition to this motion

The motion is GRANTED.  Plaintiff is ordered to appear for a deposition within 30 days.

The request for sanctions is also granted.  Plaintiff’s counsel is ordered to pay sanctions of $2,086.65 to Defendants within 30 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 2nd day of January 2024