Case Number: BC644683 Hearing Date: June 07, 2018 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Frederic Cermeno, et al.,

Plaintiffs,

v.

Ashley Gonzalez, et al.,

Defendants.

Case No.: BC644683

Hearing Date: June 7, 2018

[TENTATIVE] order RE:

defendantS’ motion for order compelling PLAINTIFFS Frederic Cermeno, Donald Gomez and Erick Gomez’s attendance and testimony at deposition

BACKGROUND

Defendants Ruben Vasquez and Ashley Gonzalez (“Defendants”) move for an order compelling plaintiffs Frederic Cermeno, Donald Gomez, and Erick Gomez (“Plaintiffs”) to submit to deposition. Plaintiffs have not filed any opposition to this motion.

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 failed 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

First, the Court grants Defendants’ request for leave to have this motion heard closer to the trial date under CCP § 2024.050. Defendants’ counsel states that on May 9, 2018 when she tried to reserve a date for this motion, the first available date was June 7, 2018—one day after the operative Motion cutoff. (Lee Decl., at ¶ 8.) The Court finds that this motion was brought within a reasonable time and that Plaintiffs will not be prejudiced by this motion being heard one day after the motion cutoff. Therefore, the Court will consider this motion on the merits.

Defendants served on Plaintiffs an initial Notice of Taking Deposition for each Plaintiff, setting the depositions for February 16, 2018. Plaintiffs did not appear for their depositions, and certificates of non-appearance were taken. In an effort to avoid this motion, Defendants re-noticed the depositions for April 27, 2018. However, Plaintiffs again failed to appear resulting in a second certificate of non-appearance. On May 3, 2018, Defense Counsel sent a letter to Plaintiffs inquiring as to their failure to appear. Plaintiffs did not respond.

Accordingly, Defendants’ motions to compel the deposition of Frederic Cermeno, Ronald Gomez, and Erick Gomez are granted. Plaintiffs are ordered to appear for deposition on June 12, 2018 at the offices of Mark R. Weiner & Associates at 655 N. Central Avenue, Suite 1125, Glendale CA 91203-1434. Frederic Cermeno is ordered to appear at 10:00 am on June 12, 2018; Ronald Gomez is ordered to appear at 11:00 am on June 12, 2018; and Erick Gomez is ordered to appear at 1:00 pm on June 12, 2018.

Defendants also request sanctions against Plaintiffs and their counsel, Sergei N. Gladkov. The Court finds Plaintiffs’ failure to appear for deposition a misuse of the discovery process. (CCP § 2023.010(d).) Sanctions have been sufficiently noticed against Plaintiffs Frederic Cermeno, Ronald Gomez, and Erick Gomez and their counsel Sergei N. Gladkov. Sanctions are awarded in the amount of $1334.75, representing 1 hour for drafting the motion and for appearance at the hearing, at $143.75 per hour, plus three $60 filing fees, the court call expense of $86, the expense for the non-appearance at the February 16, 2018 depositions in the amount of $670.00, and the expense for the non-appearance at the April 27, 2018 depositions in the amount of $255.00. Plaintiffs Frederic Cermeno, Ronald Gomez, and Erick Gomez and their counsel Sergei N. Gladkov are ordered to pay sanctions to Defendants and Defendants’ attorney in the total amount of $1334.75 within thirty (30) days of this order. Each Plaintiff is jointly and severally liable with counsel Sergei N. Gladkov for sanctions of $444.92.

All parties should note that the hearing on this motion and all future court dates will take place at the Court’s new location: Spring Street Courthouse, 312 N. Spring Street, Department 5, Los Angeles, CA 90012.

Defendants are ordered to provide notice of this order via facsimile and overnight mail.

DATED: June 7, 2018 ___________________________

Elaine Lu

Judge of the Superior Court