Case Number: BC640516 Hearing Date: March 01, 2018 Dept: 53

yigal mesika vs. urradio group, llc , et al.; BC640516, MARCH 1, 2018

[Tentative] Order RE: MOTION OF DEFENDANT URRADIO GROUP, LLC TO COMPEL PLAINTIFF YIGAL MESIKA TO ATTEND DEPOSITION AND PRODUCE DOCUMENTS FOR INSPECTION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $2,160.00 AGAINST PLAINTIFF AND HIS ATTORNEY OF RECORD

Defendant UrRadio Group, LLC’’s Motion to Compel Plaintiff Yigal Mesika to Attend Deposition and Produce Documents for Inspection is GRANTED.

BACKGROUND

Plaintiff Yigal Mesika (“Mesika”) brought this action against Defendants UrRadio Group, LLC (“UrRadio”) and Tyler Francois (“Francois”) (jointly, “Defendants”) on November 21, 2016. Mesika filed the operative First Amended Complaint (“FAC”) on February 28, 2017. The FAC asserts causes of action for (1) breach of written contract; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) constructive fraud; (5) breach of implied covenant of good faith and fair dealing; (6) violation of California Corporations Code Section 25401; and (7) promissory estoppel.

UrRadio now moves to compel the deposition of Mesika, following multiple unsuccessful attempts to meet and confer with Mesika regarding such deposition. UrRadio also requests sanctions in the amount of $2,160.00. The motion to compel is unopposed.

DISCUSSION

Any party may obtain discovery by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc. § 2025.010.) Service of a proper deposition notice is “effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify . . .” (Code Civ. Proc. § 2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the deponent’s attendance and testimony (Code Civ. Proc. § 2025.450(a).)

The Court finds that the deposition notice was properly served on Mesika, and that Mesika failed to file a valid objection to the notice. Further, the Court finds that the Declaration of Sarah K. Simon sufficiently evidences UrRadio’s good faith efforts to meet and confer regarding the scheduling of the deposition pursuant to Code of Civil Procedure section 2025.450, subdivision (b)(2). Additionally, UrRadio has shown good cause for the production of the documents listed in the deposition notice, as they relate to Mesika’s allegations of fraud and issues to be addressed at trial. (Code Civ. Proc., § 2025.450.) Finally, the Court grants UrRadio’s request for monetary sanctions pursuant to Code of Civil Procedure section 2025.450(g)(1) in the sum of $960.00, reducing the number of hours UrRadio’s counsel estimated for reviewing the opposition and preparing a reply because this motion is unopposed.

CONCLUSION

For the foregoing reasons, Defendant UrRadio’s Motion to Compel Plaintiff Yigal Mesika to Attend Deposition and Produce Documents for Inspection is GRANTED. The Court further orders Mesika to pay monetary sanctions in the amount of $960.00 to UrRadio within 20 days of this Order.

UrRadio is to provide notice of this ruling.

DATED: March 1, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court