MICHELLE GARCIA, et al.,

Plaintiffs,

v.

21ST CENTURY INSURANCE COMPANY,

Defendant.

Case No.: BS166011

Hearing Date: March 8, 2018

[TENTATIVE] order RE:

defendant’s motions compelling plaintiffs’ attendance and testimony at deposition

BACKGROUND

On January 22, 2018, Defendant 21st Century Insurance Company (“Defendant”) filed the instant motions to compel the depositions of plaintiffs Michelle Garcia and Sara Saucedo (“Plaintiffs”).

Plaintiffs have not filed any opposition to the motions.

LEGAL STANDARD

Pursuant to CCP §2025.450, if after service of a deposition notice a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A motion to compel the deposition of a party to the action must be accompanied by a meet and confer declaration, or, when the deponent fail to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP §2025.450(b)(2).)

DISCUSSION

On August 22, 2017, Defendant served on Plaintiffs’ counsel a Notice of Taking Deposition, setting both depositions for September 5, 2017 (Sara Saucedo’s at 10:30 am and Michelle Garcia’s at 12:30 pm). Both Plaintiffs failed to appear for their noticed depositions on September 5, 2017, and Defendant obtained a Declaration of Non-Appearance as to each Plaintiff. Defendant’s counsel hasleft telephone messages for Plaintiffs’ counsel on three different dates to reschedule the deposition, but Plaintiffs’ counsel has not returned any of these calls or otherwise communicated with Defendant’s counsel about rescheduling the depositions.

As Plaintiffs have filed no opposition to this motion, the Court grants the motions to compel the depositions of Plaintiffs. Pursuant to CCP §2025.450, the Court compels the deposition of Plaintiffs to occur within ten days, at a time, date, and location noticed by Defendants.

Defendant’s request for sanctions against Plaintiffs is granted, pursuant to CCP §2025.450(g)(1). Plaintiff Michelle Garcia and her counsel are ordered to pay within 30 days monetary sanctions in the amount of $285, calculated as 1.5 hours for preparing the motion and appearance, at $150/hour, plus a $60 filing fee. Plaintiff Sara Saucedo and her counsel are ordered to pay within 30 days monetary sanctions in the amount of $285, calculated as 1.5 hours for preparing the motion and appearance, at $150/hour, plus a $60 filing fee.

CONCLUSION AND ORDER

The Court grants Defendant’s motion to compel Plaintiffs’ depositions. Plaintiffs Michelle Garcia and Sara Saucedo are each ordered to appear for deposition within ten days, at a time, date, and location to be noticed by Defendants.

The Court grants Defendants’ request for sanctions in the amount of $285 against each Plaintiff.

Defendant is ordered to provide notice of this order.

DATED: March 8, 2018 ___________________________

Elaine Lu

Judge of the Superior Court