Case Number: BC536248 Hearing Date: May 09, 2016 Dept: A

Reyes v Sully-Miller Contracting Co.

MOTION TO COMPEL DEPOSITION

Calendar: 1
Case No: BC536248
Date: 5/9/16

MP: Plaintiffs, Teresa Reyes and Monica Casillas
Joined by Defendant, Superior Pavement Markings, Inc.
RP: Defendant, Vaneh Zaghian

RELIEF REQUESTED:
1. Order compelling the Defendant, Vaneh Zaghian, to appear for his deposition.
2. Order imposing monetary sanctions of $5,500 on the Defendant.

DISCUSSION:
This case arises from the claims of the Plaintiffs, Teresa Reyes and Monica Casillas, that they suffered personal injuries in a motor vehicle accident caused by a dangerous condition on the Defendants’ roadway. The Defendants filed a Cross-Complaint for indemnity against the Cross-Defendants to claim that they were liable for the Plaintiffs’ injuries because the dangerous condition was where the Cross-Defendant had provided constructions services.

Trial is set for June 27, 2016.

This hearing concerns the Plaintiffs’ motion to compel a deposition of the Defendant, Vaneh Zaghian. Under CCP section 2025.450, when a party fails to appear for a properly noticed deposition, the Court may order the party to appear for the deposition.

The Plaintiff’s attorney, R. Brian Kramer, states that the Plaintiff had obtained two Court orders for the deposition of Vaneh Zaghian, but he was incarcerated and this made it impossible to obtain accommodations for his deposition. Mr. Kramers states that Vaneh Zaghian has been released and the Plaintiff served notices for his deposition to occur March 16, 2016 and April 12, 2016. Mr. Kramer states that Vaneh Zaghian did not appear on either date.
The Defendant, Superior Pavement Markings, Inc., filed a joinder to show that Vaneh Zaghian’s counsel provide the date of March 1, 2016 for this party to take his deposition. Vaneh Zaghian did not appear for this deposition either.

In his opposition, the attorney for Vaneh Zaghian states that he does not oppose an order setting a date for Vaneh Zaghian’s deposition. However, the attorney, Amelia McDonald, admits that her office has not had contact with Vaneh Zaghian since he was released from prison. Ms. McDonald offers no factual explanation for her client’s failure to communicate or to comply with discovery.

Accordingly, the Court will grant the Plaintiff’s motion and the joinder of the Defendant, Superior Pavement Markings, Inc., and set the dates for the Plaintiff and for Superior Pavement Markings, Inc. to take the deposition of Vaneh Zaghian.

The Plaintiff also requested monetary sanctions. Under CCP section 2025.450 there are grounds to impose monetary sanctions on Vaneh Zaghian because he has failed to comply with a properly noticed deposition. The Plaintiff’s attorney, R. Brian Kramer, states that the Plaintiff incurred the following fees: $2,000 for an Armenian interpreter and Court Reporter for the two cancelled depositions and 10 hours of attorney time billed at $350 per hour.

The Court will reduce the hourly rate to $250 per hour, which is a reasonable rate to bill for standard discovery motions. Further, the Plaintiff does not attach any bills or invoices to support the $2,000 amount for the interpreter and Court Reporter. Since it cannot be determined how this $2,000 amount was incurred for the two cancelled depositions, the Court declines to award this amount as sanctions presently.

Accordingly, the amount of monetary sanctions is $2,500 (10 hours at $250 per hour).

RULING:
1. Set date for Defendant, Vaneh Zaghian, to appear for deposition. Date will be May 24, 2016 at 10:00 Am at the office of plaintiff’s counsel or such other time and place as counsel (for the party taking and the party defending the deposition) may agree in writing.

2. Impose monetary sanctions on Vaneh Zaghian in the sum of $2,500.00.