Case Number: BC617377 Hearing Date: August 08, 2018 Dept: 3

PASTORA SULUB,

Plaintiff(s),

vs.

SOUTH BAY GALLERIA, INC., ET AL.,

Defendant(s).

CASE NO: BC617377

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

August 8, 2018

Plaintiff, Pastora Sulub filed this action against Defendants, South Bay Galleria, Inc., Galleria at South Bay, Kohl’s Department Store, and Macy’s for damages arising out of a trip and fall. Defendant, Forest City Enterprises, Inc., erroneously sued as South Bay Galleria, noticed Plaintiff’s deposition on 10/27/17, setting her deposition for 12/18/17. This date was unavailable (it is not clear to whom), and Defendant served an additional notice of deposition on 3/12/18, setting the deposition for 5/08/18. On 5/07/18, Plaintiff’s attorney called to indicate Plaintiff would not be available the next day. The parties discussed alternative dates, but the issue was not resolved. At this time, Defendant moves to compel Plaintiff’s deposition.

Plaintiff argues the motion should be denied because (a) there was an inadequate attempt to meet and confer, and (b) Defendant failed to include a separate statement with the motion.

The Court disagrees in both regards. The Court has reviewed the meet and confer correspondence with the moving papers and finds it is more than satisfactory. As Plaintiff correctly notes in opposition, during May of 2018, Plaintiff actively participated in the meet and confer process, asking for potential dates for her deposition, as well as dates for Defendant’s depositions. However, Exhibit C to the moving papers reveals numerous attempts to reschedule the deposition, which attempts were made by Defendant in June and July of 2018. Defense Counsel declares there was no response to these attempts, and Plaintiff provides no evidence to the contrary. Defendant adequately attempted to meet and confer, and Plaintiff failed to respond.

Plaintiff also argues the motion should be denied due to the lack of a separate statement. CRC 3.1345 requires a separate statement when moving to compel answers at a deposition and/or productions of documents and tangible things at a deposition. There is no separate statement required when merely moving to compel the deposition in the absence of any objection thereto. This argument therefore also fails.

The motion to compel is granted. CCP §2025.450(a) provides:

(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

The Court finds Defendant properly and timely propounded a notice of deposition for 5/08/18, and Plaintiff did not serve a valid objection (or, indeed, any objection) under CCP §2024.410(a). In light of Defendant’s meet and confer attempts, the motion is granted. Counsel are ordered to meet and confer to select a date, time, and location for the deposition. If, after a good faith effort by Defense Counsel, the parties’ attorneys are unable to agree on the specifics of the deposition within ten days, Defense Counsel may set the deposition unilaterally, per Code.

Both parties seek sanctions in connection with the motion and opposition. The Court finds Plaintiff’s conduct is such that sanctions against her are warranted. She failed to respond to meet and confer efforts, which are necessary to resolve these disputes without court intervention. Defendant seeks sanctions in the amount of $1260. The Court has reviewed the declaration of Defense Counsel in support of the motion and finds the amount fair and reasonable.

Sanctions are sought and imposed against Plaintiff and her attorney of record. They are ordered to pay sanctions to Defendant, by and through its attorney of record, in the amount of $1260, within twenty days.

Defendant is ordered to give notice.