Case Number: BC625854 Hearing Date: June 04, 2018 Dept: 2

Defendant’s Motion to Compel Plaintiff, Jasmine Monjaraz’s, Attendance at Deposition and Production of Documents; Request for Sanctions, filed on 5/2/18, is GRANTED. Defendant has shown good cause to compel Plaintiff to appear for her deposition and produce the requested documents without objection within 20 days as duly noticed by Defendant. The motion is supported by the Declaration of Johanna Rodriguez.

A party can move to compel another’s deposition where the deponent fails to appear or proceed or produce documents for inspection without having served a valid objection. Cal. Code Civ. Proc. § 2025.450.

Defense counsel has complied with the statutory requirements to meet and confer. Cal. Code Civ. Proc. 2025.450(b)(2). Defendant’s counsel has attempted to resolve the issues informally after each of the three noticed depositions were cancelled at Plaintiff’s request, without formally serving objections. Declaration of Johanna Rodriguez ¶¶ 13, 14, 15, 17, 22, 23. Plaintiff did not respond to Defendant’s efforts to obtain alternative dates for Plaintiff’s deposition. Id., ¶ 24.

The last three efforts by Defendant to meet and confer went unanswered. Motion, Exhibits I, J, K. There is no merit to Plaintiff’s claim of “discovery priority.” Plaintiff never objected to any of the three Notices of Taking Deposition on grounds of “discovery priority.” Rodriguez Declaration, ¶¶ 12, 16, 20. None of the emails sent by Plaintiff raised that issue. Motion, Exhibits C, F, G, I. Plaintiff communicated only that the scheduled dates did not “work” for Plaintiff’s counsel or Plaintiff. Id.

Contrary to Plaintiff’s argument, Defendant was not required to provide a separate statement where no responses have been provided to the request for discovery. Cal Rules of Court, Rule 3.1345(b).

The court imposes sanctions of $1,230 against Plaintiff, who has not shown substantial justification for failing to proceed with her deposition despite numerous efforts by Defendant. Code Civ. Proc., § 2025.450 (g).

Moving party is ordered to give notice.