2017-00209034-CU-PA

Robin Gale Odam vs. Sergio Losano Rivera

Nature of Proceeding: Motion to Compel Production and Appearance at Deposition

Filed By: O’Donnell, Daniel G.

Plaintiffs’ motion to compel defendant’s attendance at deposition with documents is UNOPPOSED and is ruled on as follows.

Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3).

The notice of motion does not cite the correct authority for this motion, incorrectly citing Code of Civil Procedure §2031.3100 [sic] (relating to motions to compel further responses to requests for production) rather than Code of Civil Procedure §2025.450 (relating to motions to compel compliance with deposition notice).

The notice of motion also fails to comply with Code of Civil Procedure §2023.040, requiring the notice for a motion seeking sanctions to “identify every person, party, and attorney against whom the sanction is sought.”

The moving papers also fail to “set forth specific facts showing good cause justifying the production…of any document…described in the deposition notice,” as expressly required by Code of Civil Procedure §2025.450(b)(1).

Notwithstanding the foregoing, the court finds that the present motion to compel is unopposed and will therefore be granted. Defendant’s failure to (timely) file an opposition and to justify the objections to plaintiffs’ notice of deposition with documents is deemed a concession that there are no valid objections to the notice of deposition with documents. Accordingly, the motion to compel is granted.

Defendant shall appear for deposition with the requested documents no later than 4/13/2018 (unless plaintiffs agree to a later date memorialized in writing). The parties shall meet-and-confer in order to find a mutually agreeable date on or before the stated deadline.

Plaintiffs’ request for monetary sanctions is denied since this motion is not opposed.