Case Number: BC636731 Hearing Date: August 09, 2018 Dept: 2
Defendant’s Motion to Compel Deposition of Plaintiff; Request for Sanctions, filed on 7/18/18 is DENIED.
While there is good cause for the taking of the Plaintiff’s deposition, Defendant’s counsel did not comply with Cal Code Civil Procedure § 2025.450(b)(2), which requires the moving party to submit a declaration stating that counsel has contacted the deponent after the non-appearance. Cal. Code Civ. Proc. 2025.450(b)(2).
The request for sanctions is improperly noticed as Defendant did not identify the person against whom sanctions are sought in the notice of motion. Cal Code Civil Procedure § 2023.040.
Moving party is ordered to give notice.