Judge: Virginia Keeny, Case: 22STCV00277, Date: 2025-01-21 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 22STCV00277    Hearing Date: January 21, 2025    Dept: 45

Jimenez v. 25 Art, L.P., et al.

Motion to Compel Deposition

Date of Hearing:         January 21, 2025                     Trial Date:       January 12, 2026

Department:                45                                            Case No.:        22STCV00277           

Moving Party:             Defendants 25 Art, L.P.; and Frederick Leeds

Responding Party:      N/A - Unopposed      

BACKGROUND

Factual and Procedural Background

            On January 4, 2022, Lester Jimenez (Plaintiff) filed a Complaint against 25 Art, L.P. (25 Art); Frederick Leeds (Leeds), and David Oved (Oved) containing two causes of action: (1) negligence and (2) premises liability. The action stems from a fall Plaintiff suffered from his fourth-floor fire escape. On March 25, 2022, 24 Art, Leeds, and Oved filed a Cross-Complaint against unknown Cross-Defendants for indemnity.

            On March 12, 2024, 25 Art and Leeds (Moving Defendants) filed the motion now before the Court for an Order Compelling Oliver Leon to Comply with the Deposition Subpoena for Personal Appearance and Production of Documents. Moving Defendants also request $5,615.55 in monetary sanctions. No opposition was filed.     

[Tentative] Ruling

Moving Defendant’s Motion for an Order Compelling Oliver Leon to Comply with the Deposition Subpoena for Personal Appearance and Production of Documents is GRANTED. The accompanying request for monetary sanctions is GRANTED but in a reduced amount.

LEGAL STANDARD

A motion lies to compel deposition attendance and document production, after service of a deposition notice, where a deponent fails to appear at, or proceed with, a deposition, without having served a valid objection. (Code Civ. Proc. §2025.450(a).) No meet and confer is required to compel initial deposition attendance, but instead there must be a declaration showing that moving party inquired about the nonappearance. (Code Civ. Proc. §2025.450(b)(2).)  

“Implicit in the requirement that counsel contact the deponent to inquire about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue,” including by rescheduling. (Leko v. Cornerstone Bldg. Inspection Serv. (2001) 86 Cal. App. 4^th 1109, 1124 (“Leko”). See also L.A.S.C.L.R. 3.26, Appendix 3.A(e) (reasonable consideration should be given to accommodating schedules in setting depositions).)   

ANALYSIS

             In their moving papers, Moving Defendants state Plaintiff identified Oliver Leon (Leon) as a witness to the fall Plaintiff suffered. Moving Defendants state Plaintiff was intoxicated on the day of the incident and that Leon was drinking with Plaintiff prior to the incident. Although Moving Defendants made contact with Leon, Leon never provided an address at which to be served, therefore Moving Defendants hired a private investigator who identified 2706 S. Orange Drive, Los Angeles, CA 90016 as his residence.

            Moving Defendants contend Leon was served on February 4, 2024 with a copy of the subpoena and a request for production of documents. (Moving Papers, 2:18-19.) The subpoena set March 6, 2024 as the deposition date. On March 6, 2024 Leon did not appear for the deposition.  The court finds that Leon was properly served with the subpoena on February 4 and failed to appear at his deposition.  Defendants timely moved to compel his appearance by filing this motion within sixty days of the non-appearance on March 6. 

CONCLUSION

Moving Defendant’s Motion for an Order Compelling Oliver Leon to Comply with the Deposition Subpoena for Personal Appearance and Production of Documents is GRANTED.   Leon ordered to appear for deposition within 30 days.  The court grants sanctions in the amount of $1790.55 for two hours of work at counsel’s hourly rate of $450, the non-appearance fee and the cost of filing, payable to Leon to defendant’s counsel within 30 days.