Judge: Virginia Keeny, Case: 23STCV15898, Date: 2025-01-29 Tentative Ruling
Case Number: 23STCV15898 Hearing Date: January 29, 2025 Dept: 45
ANNE DEVINE v. JUAN argueta, et al.
MOTION TO COMPEL DEPOSITION
Date of Hearing: 01/29/25 Trial Date: 03/09/26
Department: 45 Case
No.: 23STCV15898
Moving Party: Defendants
Juan Argueta and Blanca Argueta
Responding Party: Plaintiff Anne Devine
BACKGROUND
On July 7, 2023, plaintiff Anne Devine (Plaintiff) filed her
complaint against defendants Juan Argueta and Blanca Argueta (collectively,
Defendants), asserting the following causes of action: (1) Violation of
California Civil Code §
1942.5; (2) Tortious Breach of the Warranty of Habitability; (3) Private
Nuisance; (4) Business and Professions Code § 1720, et seq.; (5) Negligence; (6)
Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional
Distress; (8) Negligence Per Se; (9) Violation of Consumer Legal Remedies Act,
California Civil Code §
1750, et seq.; (10) Violation of Los Angeles Municipal Tenant Anti-Harassment
Ordinance; (11) Trespassing; (12) Violation of California Civil Code § 1954; and (13) Termination of Estate,
Civil Code §
789.3.
On August 15, 2024, Defendants filed this
instant motion and its related documents.
Plaintiff has not filed an opposition.
[Tentative] Ruling
The
Motion to Compel Plaintiff Anne Devine’s Deposition and Request for Monetary
Sanctions filed by DEFENDANTS JUAN ARGUETA AND BLANCA ARGUETA on 08/15/2024 is
Granted.
LEGAL
STANDARD
Any party may obtain discovery … by taking the oral
deposition of any person, including any party to the action. (Code Civ. Proc.,
§ 2025.010.)
Where a party objects to the deposition, the proper remedy
is an objection under Code of Civil Procedure section 2025.410. (Code Civ.
Proc., § 2025.410, subd. (b).) If such an objection is made within three
calendar days before the deposition date, the objecting party must make
personal service of that objection. (Code Civ. Proc., § 2025.410, subd. (b).)
Pursuant to Code of Civil Procedure section 2025.450,
subdivision (a), “If, after service of a deposition notice, a party to the
action . . . , 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.” (Code Civ. Proc., § 2025.450, subd. (a).)
Pursuant to Code of Civil Procedure section 2025.450,
subdivision (b), “A motion under subdivision (a)… shall be accompanied by a
meet and confer declaration under section 2016.040, or, when the deponent fails
to attend the deposition and produce the documents, electronically stored
information, or things described in the deposition notice, by a declaration
stating that the petitioner has contacted the deponent to inquire about the
nonappearance.”
(Code Civ. Proc., § 2025.450, subd. (b).)
If
a motion under Code of Civil Procedure section 2025.450, subdivision (a) is
granted, the court shall impose a monetary sanction 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. (Code Civ. Proc., § 2025.450, subd.
(g)(1).)
ANALYSIS
Motion
to Compel Deposition
Defendants move for an order
compelling the deposition of Anne Devine. Defendants properly served Plaintiff
with Defendants’ Notice
of Deposition of Plaintiff Anne Devine. Plaintiff
objected to the notice on the basis that Defendants
unilaterally served the deposition notice without taking Plaintiff or her
counsel’s calendar into account. (Decl. Dingilian ¶ 7, Exhs. E.) This is untrue.
Defendants attempted to take Plaintiff and her counsel’s calendar into account
through three emails before noticing the deposition. (Decl.
Dingilian ¶¶ 3-6, Exhs.
A-D.)
On June 10, 2024, plaintiff
did offer alternative dates for the deposition. (Decl. Dingilian ¶ 10, Exh. I.) However, their offer came
after they ignored three requests for dates, provided an inapplicable objection
to the unilaterally set deposition notice, and did not appear at the deposition.
Therefore,
the motion to compel deposition of Anne Devine
is granted. She must appear for deposition within 30 days at a date and place
selected by defense counsel.
Request
for Monetary Sanctions
Defendants seek to recover
sanctions and costs in the amount of $1,900 against Plaintiff and her counsel
of record, jointly and severally. (Decl.
Dingilian ¶ 15.)
Defendants’ counsel, Matthew C. Dingilian, avers he has spent: (1) 4.0 hours
preparing this motion; (2) anticipates 3.0 hours to prepare and appear at the
hearing at a billing rate of $200.00 per hour for a total of 7.0 hours; and (3)
$500 in court reporter fees for the missed deposition. (Decl.
Dingilian ¶ 15.)
Plaintiff
does not provide the Court with any information to find that she acted with
substantial justification or that other circumstances make the imposition of
the sanction unjust.
Therefore,
the Court shall award sanctions in the amount of $1,100 against Plaintiff and her
counsel joint and severally for (1) 2.0 hours preparing this motion; (2) 1.0
hour for appearing at the hearing at a billing rate of $200 per hour for a
total of 3.0 hours; and (3) $500 for the court reporter fee. Sanctions are payable within 30 days.
CONCLUSION
The
Motion to Compel Plaintiff Anne Devine’s Deposition and Request for Monetary
Sanctions filed by DEFENDANTS JUAN ARGUETA BLANCA ARGUETA on 08/15/2024 is
Granted.
Defendant
shall provide alternative depositions dates and pay sanctions in the amount of
$1,100 within 30 days of this order.
Court
to sign proposed Order. Moving party to give notice.